H M KOTHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WHEN the matter is taken up for final hearing, Mr. Kirit Patel, for the respondent No. 2 states that pending the petition, the departmental proceedings are concluded and vide order dated 21. 08. 1998, the punishment has been imposed upon the petitioner and he has placed on record the copy of the order. He also submitted that the order was communicated to the petitioner by Speed Post, receipt of which is xeroxed over the page of the order.

(2.) MR. P. J. PATEL, for the petitioner, under the instruction of his client, who is present in the Court, states that the petitioner has not received the order which was forwarded by Speed Post and he states that the petitioner would like to challenge the said order by appropriate proceedings.

(3.) UNDER the aforesaid circumstances, as the present petition was at the stage where the petitioner was under suspension, and the departmental proceedings were pending and now as the departmental proceedings are concluded vide order dated 21. 08. 1998, the cause as such, in the present proceedings can be said as would not survive. However, as the petitioner is desirous to challenge the order of imposition of punishment dated 21. 08. 1998, by separate proceedings, the disposal of the present petition may not be read as the issue concluded on the aspects of requirement of approval of the State Government and other questions relevant thereto.