(1.) THE respondent-MCD in their counter affidavit has stated that petitioner Nos. 1 to 3 have been reinstated in service vide Office Order dated 5th February, 2008, but disciplinary proceedings have been initiated against them for being involved in the act of theft of diesel at Sanitary Land Fill, bhalaswa. It is further stated that the petitioner No. 4 was a daily wager and accordingly summary trial proceeding has been initiated against him. As against the petitioner No. 4, Office Order dated 25th January, 2006 suspending him from service has been withdrawn.
(2.) IN the counter affidavit it is pointed out that the petitioners are not covered by CCS (CCA) Rules and being MCD employees, they are governed by DMC (Control and Appeal) Regulation, 1959.
(3.) IN view of the above, the writ petition has become infructuous to the extent that order dated 25th January, 2006 suspending the petitioners already stands withdrawn.