SPA/280/2021
2021 Latest Caselaw 5233 UK

            IN THE HIGH COURT OF UTTARAKHAND
                                 AT NAINITAL
        THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN

                                         AND

                       THE HON'BLE SRI JUSTICE N.S. DHANIK

                SPECIAL APPEAL NO. 280 OF 2021

                          20TH DECEMBER, 2021

BETWEEN:

State of Uttarakhand & another                                   .....Appellants.
And

Birendra Singh Rawat                                             ....Respondent.

Counsel for the Appellants : Mr. Anil K. Bisht, learned Additional Chief Standing Counsel.

Counsel for the Respondent : Mr. Vinay Kumar, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)

The State has filed the present appeal against the

order, dated 02.09.2020, passed by a learned Single Judge,

in Writ Petition (S/S) No.961 of 2020, whereby the learned

Single Judge has passed the following order:-

"In view of the above facts and circumstances of the case, this Court is of the view that the respondents authorities shall conclude the enquiry, if any, pending against the petitioner as well as decide the application of the petitioner dated 13.08.2020 as expeditiously as possible preferably within a period of three months from today. Till decision on the petitioner's application, the impugned transfer order dated 26.08.2020 shall be kept in abeyance and petitioner shall not be permitted to discharge his duties and will be permitted to continue on leaves admissible to him".

2. Mr. Vinay Kumar, the learned counsel for the

respondent-writ petitioner, submits that, in fact, the said

order has already been implemented; the petitioner has

already been transferred; and, the petitioner has already

joined his new place of posting.

3. It is rather surprising that the State has filed the

present appeal against the innocuous order, and that too,

after a delay of one year and three months.

4. Since the order dated 02.09.2020, passed by the

learned Single Judge, has already been implemented, the

present appeal has become infructuous.

5. Therefore, the appeal is, hereby, dismissed as

infructuous.

(RAGHVENDRA SINGH CHAUHAN, C.J.)

(N.S. DHANIK, J.) Dated: 20th December, 2021 NISHANT