IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 83 of 2008 Sepoy Mohan Singh No.4176062F .……… Appellant Versus The Commanding Officer and others ……… Respondents JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Tarun Agarwala, J. J.S. KHEHAR, C. J. (Oral) Mr. Chetan Joshi, Advocate for the appellant. Mr. Pradeep Joshi, Standing Counsel for the respondents. Learned counsel for the appellant states that after the appellant was declared as a deserter, he was dismissed from service w.e.f. 20/10/1999. It is submitted that after the passing of the aforesaid order of dismissal from service, the instant special appeal has been rendered infructuous. He further states that the liberty may be granted to him to assail the order whereby the appellant has been dismissed from service w.e.f. 20/10/1999. In view of the statement made by the learned counsel for the appellant, the instant appeal is dismissed as having been rendered infructuous. Liberty is granted to the appellant to assail any other order that he may desire in accordance with law. (Tarun Agarwala, J.) (J.S. Khehar, C.J.) 14.12.2009 LSR/Shiv