Jammu & Kashmir High Court - Srinagar Bench
Syed Hilal Ahmad vs State Of J&K & Ors on 11 October, 2013
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR SWP No. 1865 of 2013 Syed Hilal Ahmad Petitioners State of J&K & ors. Respondents !Mr. Zubair Ahmad, Advocate ^Mr. Hilal A. Lone, Dy. AG. Honble Mr. Justice Ali Mohammad Magrey, Judge Date: 11/10/2013 : J U D G M E N T :
In the instant petition, petitioner has questioned Govt order No.338-PW (R&B) of 2013 dated 25.09.2013 whereunder petitioner has been placed under suspension pending enquiry.
On motion hearing, this Court in terms of order passed on 27.09.2013, while considering the matter for admission, issued notice and in the meanwhile directed respondents to produce the official record pertaining to suspension of the petitioner.
Mr. Hilal Akbar lone learned AAG appearing on behalf of respondents produced photocopy of Govt order No.371-PW (R&B) of 2013 dated 10.10.2013, which is taken on record, whreunder the Govt order in terms of which the petitioner was placed under suspension has been revoked. Mr. H.A. Lone learned counsel for the respondents, submits that in view of the revocation of the suspension order the writ petition has become infructuous.
Learned counsel for the petitioner faced with the aforesaid situation could not make any ground to continue with the writ petition.
Mr. Zubair learned appearing counsel for the petitioner while admitting the position as brought on record by state counsel, has restricted his prayer made in relief clause (b) in regard to permitting the petitioner to discharge his duties as Incharge Assistant Executive Engineer (AEE) Kokernag, Anantnag.
Mr H.A Lone learned counsel for respondents invited the attention of the Court to the order passed by this Court on 20.09.2013 in SWP No. 1807/13 filed by the petitioner whereunder he has questioned the order of his transfer and submitted that this Court had already issued interim order. Mr. Lone further submitted that petitioner has sought relief (b) in the earlier petition as well which is pending. His contention has substance. This writ petition no more survives on the count that the order of suspension stands already revoked and that relief (b) sought herein has also been sought in the earlier writ petition which is pending.
In view of above, this writ petition having been rendered infructuous, is dismissed as such along with all connected CMPs. Interim direction, if any, subsisting in this petition shall stand vacated.
(Ali Mohammad Magrey) Judge Srinagar 11.10.2013 ayaz