IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 315 of 2007 (S/B) Vinod Kumar Trehan S/o Sri Roop Lal Trehan Presently posted as S.E. (Full time officiating) P.W.D. Uttarkashi [ ...…………. Petitioner [ Versus 1. State of Uttarakhand through Secretary P.W.D. Dehradun. 2. Chief Engineer and Head of the Department P.W.D. Uttarakhand, Dehradun. ...…………. Respondents Mr. D.S. Mehta, Advocate for the petitioner. Mr. Sudhir Kumar, Brief Holder for the respondent State. Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer, J. Heard learned counsel for the parties. 2) By means of this writ petition, the petitioner has sought writ in the nature of mandamus commanding the respondents to open sealed cover of the D.P.C. relating to petitioner, to declare result of the D.P.C. held in the year 2005, for promotion of the petitioner from the post of Executive Engineer to the post of Superintendent Engineer in the Public Works Department. 3) A counter affidavit has been filed on behalf of respondent No. 2, in which copy of order dated 25.03.2008, passed by the Government of Uttarakhand, is annexed as Annexure C.A. -8 to the counter affidavit. Said order makes it abundantly clear that the sealed envelop of the D.P.C. has been opened in which the petitioner’s case for promotion was recommended, provided he is exonerated from the disciplinary enquiry. It is further revealed from the order dated 25.03.2008, passed by Secretary, Public Works Department (copy annexed as Annexure C.A. - 8 to the counter affidavit) that the petitioner was since found partly guilty of the charge and was awarded minor punishment, therefore, he was not found fit to be promoted. 4) In view of the order dated 25.03.2008, the prayer sought in the writ petition, has become infructuous. The petitioner has yet not challenged the order dated 25.03.2008. 5) Therefore, the writ petition is dismissed as infructuous. (All pending applications in this writ petition stand dismissed, accordingly). (Dharam Veer, J.) (Prafulla C. Pant, J.) 16.04.2008 16.04.2008 H.Negi