Writ petition challenging a file transfer order was dismissed as infructuous after the officer against whom allegations were made was transferred, rendering the grievance moot.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
SB Civil Writ Petition No.9445/2014
M/s HCL Infosystems Limited versus Additional Commissioner (VAT & IT), Jaipur & anr
5.11.2014
HON'BLE MR. JUSTICE MN BHANDARI
Mr SM Mehta, Sr Adv with Mr GP Gurjar – for petitioner
Mr RB Mathur – for respondents
BY THE COURT:
It is stated by learned counsel for respondents that due to subsequent development, writ petition has become infructuous. The challenge was made to the order dated 21.8.2014 for transfer of the file from one office/ authority to another. The allegation was made against the officer to whom petitioner's file was transferred. The prayer was accordingly made to transfer the file to another competent officer/ authority in Jaipur. Now, by virtue of transfer of the officer against whom allegations have been made, petitioner's case would be heard by another officer/ authority thus, petitioner has got the relief as prayed for.
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Learned counsel for petitioner submits that
appropriate order may be passed clarifying that hearing would not be by the officer to whom the case has been transferred by the impugned order.
I have gone through the record and find that challenge to the order dated 21.8.2014 was made transferring the file from one authority to another. The allegations have been made against the officer to whom file was transferred with a prayer to transfer the case to another officer/ authority. Now, the officer against whom allegations were made, has been transferred thus grievance of the petitioner no more survives because now the case would be heard by other officer.
In view of aforesaid, writ petition so as the stay application are dismissed as rendered infructuous.
(MN BHANDARI), J.
bnsharma
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW
M/s HCL Infosystems Limited
Additional Commissioner (VAT & IT), Jaipur
MN BHANDARI
As recorded by the court registry
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