1. Matter has come up on the misc. application filed by the petitioner for recalling of the order dt.23.04.2011 & for restoration of the writ petition.

2. Counsel submits that in the writ petition, the petitioner has challenged the order of penalty inflicted upon the delinquent after holding departmental enquiry dt.31.12.1997 and reply was filed by the respondents and at least the matter of penalty in no manner could be considered as infructuous and has to be examined on merits and it appears that under some misconception, the counsel made a request that the petition has become infructuous and the in the interest of justice, the order deserves to be recalled.

3. Having heard counsel for the parties, this court is also of the view that order which has been challenged in the writ petition has to be examined on merits and could not be construed as having become infructuous in any changed circumstances.

4. Accordingly, the instant misc. application is allowed. The order dt.23.04.2011 is recalled and S.B. Civil Writ Petition No.8865/2007 is restored to its original number and may be listed before the regular Bench holding the subject roster.