2005 (7) TMI 646

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....al Commissioner of Police (OPS), New Delhi have questioned correctness of the order passed by a Division Bench of the Delhi High Court dismissing writ petition filed by the present appellants as infructuous. The controversy lies within a very narrow compass and is as under: Respondent (herein referred to as the 'employee') was proceeded against departmentally on the charge that on 27....

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....pondent-employee was directed to be reinstated forthwith. The order passed by the Tribunal was questioned by the present appellant by filing writ petition under Article 226 of the Constitution of India, 1950 (in short 'the Constitution'). The Division Bench of the Delhi High Court by its order dated 5.12.2001 dismissed the writ petition as infructuous by observing as follows: "We are in....

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....nce with the said order. Even otherwise as has been rightly held by the High Court after the order of reinstatement the writ petition had really become infructuous. The High Court's order is clearly indefensible. A writ petition questioning the Tribunal's order on merits does not become infructuous by giving effect to the Tribunal's order. Merely because the order of reinstatement h....

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....n this Court. The fact that the State Government took steps to comply with the directions of the High Court cannot lead to the inference that the appeal by the Union of India has become infructuous." The expression infructuous means ineffective, unproductive and unfruitful. It is derived from the Latin word "fructus" (fruit). By implementing an order, the challenge to the validity of the order ....