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Judgment
Arup Kumar Goswami, CJ
Heard Mr. N. Aswartha Narayana, learned Government Pleader for Services-I, for the appellants.
Also heard Mr. T.S.N. Sudhakar, learned counsel for the respondent-writ petitioner.
This writ appeal is presented against an order dated 28.08.2019 passed in W.P.No.10328 of 2019, whereby the disciplinary proceedings initiated against the writ petitioner were directed to be stalled by respondent Nos.2 and 3 in the writ petition (appellant Nos.2 and 3 herein) till conclusion of the trial in the criminal case.
Mr. N. Aswartha Narayana submits that the learned single Judge was not justified in stalling the departmental proceedings during the pendency of the criminal trial.
However, we find that the criminal case that was referred to by the learned single Judge had ended in acquittal of the writ petitioner on 13.10.2019 and thereafter, the departmental proceedings had commenced.
In that view of the matter, it is not necessary for us to go into the question whether the learned Judge was correct in stalling the departmental proceedings in the facts and circumstances of the case during the pendency of the criminal trial, as the same would be an academic exercise.
In our considered view, there is no surviving case of action in the present writ appeal and accordingly, the same is closed. No costs. Pending miscellaneous applications, if any, shall stand closed.