WP 8322/09 14.9.2011 We have heard learned counsel for the petitioner, learned counsel for respondents no. 1 to 3, learned counsel for respondent no. 4 and learned counsel for respondents no. 7 and 8. This writ petition has been filed by way of PIL challenging the appointment and continuance of private respondent no. 5 on the post of Deputy Secretary in the M.P. Government. An order dated 26.2.2011, of the Government has been produced by the learned counsel for the respondents by which the said respondent No. 5 has been removed from the post of Deputy Secretary and sent to the Agriculture University, Gwalior. Accordingly, that part of the relief has become infructuous. Learned counsel for the petitioner has argued that out of the money meant for the Jabalpur institution, some of the amount has been transfered by the said Deputy Secretary to the institution at Gwalior. It is not the petitioner’s case that the money has been pocketed by the respondent no. 5 and therefore, we do not think that the said issue should be examined in the PIL jurisdiction of this Court. The petition is dismissed as infructous. (Sushil Harkauli) (K.K.Trivedi) Acting Chief Justice Judge AK