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SCA/768219/1990 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7682 of 1990
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DHARAMKRUPA
KELVANI MANDAL - Petitioner(s)
Versus
VEENABEN
R SHAH & 1 - Respondent(s)
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Appearance :
MR
PARESH M DAVE for Petitioner(s) : 1,
MR
RK MISHRA for Respondent(s) : 1,
RULE
SERVED for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 20/10/2008
ORAL
ORDER
1. The
petitioner has prayed to quash and set aside the orders passed by
Gujarat Primary Education Tribunal, Ahmedabad in Application
No.245/90 which is pending before the Gujarat Primary Educational
Tribunal at Ahmedabad. Application No.245/90 was filed by respondent
challenging the action of the petitioner in instituting an inquiry
against her and praying that the inquiry may be quashed and set
aside. The Tribunal passed an exparte order restraining the
petitioner from taking any action against the first respondent on the
basis of the inquiry report.
2. On
10th October this Court passed the following order:
Counsel
for the petitioner seek sprayer against interlocutory order passed by
the Primary Education Tribunal. Counsel for the petitioner will also
place on record the result of the departmental proceedings which was
allowed to be proceeded further by order of this Court since only the
final order was not required to be passed.
Matter
stands adjourned to 20th October 2008.
3. However,
today no information is available. It is stated that the original
petitioner has not responded to the inquiry made by the learned
Advocate for the petitioner.
4. Admittedly
the impugned order is an interlocutory order. By efflux of time the
matter must have become infructuous. It is also possible that the
proceedings before the Tribunal must be over.
5. In
view of the above, no useful purpose would be served by keeping the
matter pending. Accordingly the petition is disposed of . Interim
relief stands vacated. However, if the proceedings are pending before
the Tribunal, the same will be heard and decided within a period of
six months from the date of the present order. Rule is discharged
with no order as to costs.
[K.S.
JHAVERI, J.]
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