LPA/883/2003 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 883 of 2003 In SPECIAL CIVIL APPLICATION No. 10576 of 2002 With CIVIL APPLICATION No. 6385 of 2003 In LETTERS PATENT APPEAL No. 883 of 2003 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= STATE BANK OF INDIA & 3 - Appellant(s) Versus CHHAYA GUPTA (PORWAL) - Respondent(s) ========================================================= Appearance : MR PRANAV G DESAI for Appellant(s) : 1 - 4. MR GR MALHOTRA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 30/01/2008 ORAL JUDGMENT LPA/883/2003 2/3 JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Appeal arises from the order dated 31st July, 2003 made by the learned Single Judge in the above Special Civil Application No.10576/2002 in so far as the learned Single Judge has directed the appellant Bank “to consider the request of the petitioner sympathetically irrespective of the rules of seven years and pendency of departmental inquiry”. It appears that the respondent-writ petitioner, an employee of the appellant Bank had requested for her transfer from Godhra to Indore, M.P.Circle. By the impugned order, the learned Single Judge had directed to consider her request as above. The grievance expressed is that the appellant Bank is directed to overlook its rules to consider the request for transfer made by the respondent. Mr.Desai has appeared for the appellant Bank and has submitted that the Appeal has become academic in so far as pending this Appeal, by order dated 6th January, 2005 made by the disciplinary authority, the service of the respondent has been terminated on LPA/883/2003 3/3 JUDGMENT punitive grounds. The said order of punishment has been confirmed by the appellate authority on 2nd December, 2005. In above view of the matter, the matter at issue has become academic and need not be decided. The Appeal is accordingly disposed of. Civil Application stands disposed of. Notice is discharged. (Ms. R.M.Doshit, J.) (K.M.Thaker, J.) /moin