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Judgment
Anil Kumar, J.—A passover was prayed on behalf of learned counsel for the petitioner.
After passover no one is present on behalf of the petitioner.
Learned counsel for the respondents, Mr. R.V. Sinha, Advocate, who appears on advance notice has produced a copy of the relieving order dated 2nd February, 2012 stipulating that the petitioner of 2 BN/RPSF/Gorakhpur has been spared by the Company Commander "D" Coy./2 BN/RPSF/Gorakhpur (now at Mohammadpur Khala, Distt. Barabanki (U.P.) for U.P. Assembly Election) from 2 BN/RPSF/Gorakhpur to RPF/SECR/Bilaspur in the afternoon of 02.02.2012 vide Movement Order No. 2 BN/D/T&P/17/2012-144.
A copy of the communication dated 2nd February, 2012 addressed to the Standing Counsel for Railways, Mr. R.N. Singh, is produced which is taken on record.
The plea of the petitioner is that after undergoing the training for seven months, the petitioner was appointed as a Constable at RPSF and was transferred to 2 BN, RPSF, Gorakhpur to SECR, RPF, Zone Railways, Bilaspur. The petitioner further contended that by order dated 3rd January, 2011, Senior Commandants/Commandant, 2 BN, Railway Protection Special Force, Rajahi Camp, Gorakhpur, however, directed that the petitioner should not be relieved since the petitioner is under suspension. The petitioner has produced a copy of the final order dated 11th January, 2011 imposing a punishment of withholding of his increment for a period of two years with cumulative effect and his suspension was also revoked with immediate effect. However, this suspension period w.e.f. 13th August, 2010 to 11th January, 2011 was directed to be treated as suspension.
In the circumstances, the only relief prayed by the petitioner was to direct the respondents to issue relieving order to the petitioner pursuant to transfer order dated 1st September, 2010.
Since the relieving order dated 2nd February, 2012 has been issued, a copy of which has also been produced before this Court, the grievance of the petitioner does not survive. The petition, in the circumstances, is disposed of in view of the relieving order dated 2nd February, 2012.