Dinen Kumar Pegu v. The State of Assam and 2 Ors

PageoNo.#o1/3 GAHC010134122020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3925/2020o DINENoKUMARoPEGUo S/OoLATEoDAULAToPEGU,o RESIDENToOFoVILLAGEoBAROHOLIA,oPOoTEZPUR,oDISToSONITPUR,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo2oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oTRANSPORToDEPARTMENT,oDISPUR,oGUWAHATIo6 2:THEoCOMMISSIONERoOFoTRANSPORToASSAM oJAWAHARoNAGAR oKHANAPARAoGUWAHATIo22 3:THEoDISTRICToTRANSPORToOFFICER oSONITPUR oTEZPUR oASSAo AdvocateoforotheoPetitionerooooo:oMR.oBoJoTALUKDARo AdvocateoforotheoRespondento:oSC,oTRANSPORToo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMR.oJUSTICEoSOUMITRAoSAIKIA ORDERo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo WP(C)/3925/2020kkkkk Page No.# 2/3 BEFORE THE HON'BLE MR. JUSTICE SOUMITRA SAIKIA

01.05.2024

None appears for the petitioners on call. Heard Ms. M. D. Borah, learned Standing Counsel Transport Department. It is submitted by the learned Standing Counsel, Transport Department that the challenge made in the writ petition was with regard to the suspension of the petitioner. By order dated 11.09.2020 the petitioners' suspension was revoked and he was reinstated in service with immediate effect. That apart, by an application dated 22.02.2024 the petitioner has also applied for voluntary retirement w.e.f. 01.06.2024. It is submitted that since the suspension has already been revoked, reliefs claimed by the writ petitioner. Upon careful perusal of the pleadings available on record the sole ground of challenge in the writ petition is for revocation of the suspension order and reinstating him in the service. By the order dated 11.09.2020 the petitioner's suspension order has been revoked and he has been reinstated in service. Since no cause of action survives in the writ petition, the writ petition stands dismissed as infructuous. Interim Orders, if any, stands recalled. Page No.# 3/3 The instructions placed before the Court is kept as a part of the case record.

JUDGE

Comparing Assistant