Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JUSRISDICTION
CRIMINAL APPEAL NO.813 OF 2009
(Arising out of S.L.P. (Crl) No. 4071/2006)
C.B.I. ….Appellant
Versus
Kartar Singh & Anr. ….Respondents
O R D E R
1. Leave granted.
2. Mr. P.K. Ghosh, learned Senior Counsel appearing for the
respondents submits on instruction that the respondents have
already been dismissed from the service and in this view of the
matter, the appeal has become infructuous. Mr. Ghosh also
submits on instruction that against the order of the dismissal
from service, an appeal has been taken before the appropriate
forum which is still pending.
3. Mr. P.K. Dey, Learned Counsel appearing on behalf of
the appellant therefore submits that the appellant does not want
to proceed with this appeal. However, liberty was prayed to
revive the appeal in case the appeal now pending against the
order of dismissal from service is allowed and order of dismissal
is set aside.
Such being the position, we dispose of this appeal having
become infructuous. In interim order if any stands vacated.
In view of the fact that the appeal has been preferred
against the order of dismissal which is pending, we make it
clear that in the event the order of dismissal is set aside, in that
case, it would be open to the appellant to revive this appeal.
However, we request the High Court to expedite the
hearing of the appeal pending before it and dispose of the
same at an early date without granting any unnecessary
adjournment to either of the parties.
Accordingly the appeal is disposed of as infructuous.
………………….J.
[Tarun Chatterjee]
New Delhi; ………………….J.
April 21, 2009. [V.S.Sirpurkar]