TMI Blog2005 (7) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... ectness of the order passed by a Division Bench of the Delhi High Court dismissing writ petition filed by the present appellants as infructuous. The controversy lies within a very narrow compass and is as under: Respondent (herein referred to as the 'employee') was proceeded against departmentally on the charge that on 27/28.2.1996 while posted in the vigilance cell at the Indira Gan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder passed by the Tribunal was questioned by the present appellant by filing writ petition under Article 226 of the Constitution of India, 1950 (in short 'the Constitution'). The Division Bench of the Delhi High Court by its order dated 5.12.2001 dismissed the writ petition as infructuous by observing as follows: We are informed that respondent stands already reinstated in service pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the High Court after the order of reinstatement the writ petition had really become infructuous. The High Court's order is clearly indefensible. A writ petition questioning the Tribunal's order on merits does not become infructuous by giving effect to the Tribunal's order. Merely because the order of reinstatement had been implemented by the appellant, that did not render the w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... comply with the directions of the High Court cannot lead to the inference that the appeal by the Union of India has become infructuous. The expression infructuous means ineffective, unproductive and unfruitful. It is derived from the Latin word fructus (fruit). By implementing an order, the challenge to the validity of the order is not wiped out and is not rendered redundant. The inevitab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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