2005 (7) TMI 646

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....elhi 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 27/28.2.1996 while posted in the vigilance c....

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....ated 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 informed that respondent stands already r....

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....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 had been implemented by the appellant, that....