High CourtsSingle Bench(2010) 09 P&H CK 0394

Gurmukh Pawar vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 14 September 2010

HON’BLE JUDGES
Ajai Lamba, J
CASE NUMBER
Civil Writ Petition No. 13938 of 2010

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Judgment

5 paragraphs · 182 words

Ajai Lamba, J.—This petition under Articles 226 and 227 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 11.3.2010 (Annexure P-4). Vide order (Annexure P-4) the period with effect from 3.9.2003 to 12.10.2004, during which the petitioner remained under suspension, has been approved as leave of the kind due.

2.

The petitioner has filed this petition on the ground that after inquiry, he was exonerated. After 5 years of exoneration, the impugned order (Annexure P-4) has been passed and, that too, without giving any opportunity of hearing.

3.

Short affidavit of Shri Rahul Tiwari, I.A.S., Deputy Commissioner, Ludhiana, sworn on 14.9.2010, has been filed in court today, which is taken on record.

4.

It has been said in the aforesaid affidavit that the suspension period of the petitioner has been converted into duty period and, therefore, the requisite relief has been granted to the petitioner.

5.

In view of the stand of the respondents, the cause of action does not survive. The petition is, accordingly, disposed of as infructuous.