Gurpreet Singh And Others vs State Of Punjab And Others on 9 November, 2009

             LPA No.514 of 2009                         1


             In the High Court of Punjab and Haryana, Chandigarh.


                                            LPA No. 514 of 2009


                                            Date of Decision: 09.11.2009


Gurpreet Singh and others
                                                  ....Appellants.

               Versus

State of Punjab and others
                                                  ....Respondents.


Coram:- Hon'ble Mr.Justice J.S. Khehar
        Hon'ble Mr. Justice Mehinder Singh Sullar


Present: Mr. Kapil Kakkar, Advocate
         for the appellants.

         Ms. Rita Kohli, Addl. A.G., Punjab
         for therespondents.
                   ...

J.S. Khehar, J. (Oral).

The appellants approached this Court by filing Civil Writ

Petition No.7665 of 2009. In the aforesaid writ petition, they challenged the

order dated 15.4.2009, whereby the result of a typewriting test held by the

respondents, was sought to be cancelled. The contention of the petitioners,

during the course of hearing of Civil Writ Petition No.7665 of 2009, as also,

that of the appellants during the course of hearing of the instant appeal, is

that the cancellation of the result of typewriting test visits the

petitioners/appellants with adverse civil consequences, and as such, could

not have been passed without affording the petitioners/appellants an

opportunity of hearing consequent upon the issuance of a show cause notice
LPA No.514 of 2009 2

in consonance with the rules of natural justice.

Learned counsel for the respondents on the last date of hearing

i.e. 22.10.2009, had sought an adjournment so as to enable her to obtain

instructions. Having obtained instructions, learned counsel for the

respondents states, that the impugned order dated 15.4.2009 may be treated

as having been withdrawn, and that, before passing any such fresh order, the

respondents, if they are so advised, shall follow the rules of natural justice.

In view of the statement made by the learned counsel for the

respondents, the impugned order dated 15.4.2009 shall be treated as

withdrawn. As a natural consequence thereof, the decision rendered by this

Court on 28.5.2009, while disposing of Civil Writ Petition No.7665 of

2009, becomes inoperational. No observations recorded in the aforesaid

order shall be taken into consideration while adjudicating the claim raised

on behalf of the petitioners/appellants.

A copy of this order be furnished to the learned counsel for the

respondents dasti on payment of usual charges.

The instant appeal stands disposed of in the aforesaid terms.

( J.S. Khehar )
Judge

( Mehinder Singh Sullar )
Judge
09.11.2009
sk.