(1.) The impugned order is based on the judgment [S.K. Singh v. State of Uttarakhand,2011 SCCOnLine(Utt) 1417] of the High Court, which has been set aside by us today in State of Uttarakhand v. S.K. Singh, 2019 10 SCC 49. The learned counsel for the appellant stated that were we to set aside the impugned order in Civil Appeal No. 10194 of 2013 this matter would have to be remitted back for consideration as there would be other consequences which would have to be examined.
(2.) In view of the aforesaid, we set aside the impugned order [Ajay Bhatt v. State of Uttarakhand,2011 SCCOnLine(Utt) 2624] and remit the matter back for consideration in the conspectus of our judgment in State of Uttarakhand v. S.K. Singh, 2019 10 SCC 49.