SHRI PRADIP KAKODKAR & Anr. v. THE STATE OF GOA, THROUGH CHIEF

Mr. Rohit Bras D'Sa, Advocate for the petitioners. Mr. A. N. S. Nadkarni, Advocate General with Mr. A. Kakodkar, Addl. Govt. Advocate for respondents No.1 and 2. Mr. M. S. Sonak, Advocate for respondent No.3. Coram:- A. P. LAVANDE & U. V. BAKRE, JJ. Date:- 16th April, 2012 P.C.:- Heard Mr. D'Sa, learned Counsel for the petitioners, Mr. A. N. S. Nadkarni, learned Advocate General appearing for respondents No.1 and 2 and Mr. Sonak, learned Counsel for respondent No.3.

By this petition, the petitioners have sought the following reliefs : " a. This Hon'ble Court be pleased to restrain respondent no.3 from functioning as a Deputy Superintendent of police, or in any other capacity as an officer of the Goa Police, or in exercise of any powers conferred upon officers of the Goa Police by law; b. That this Hon'ble Court be pleased to call for the entire service record of Respondent No.2 to be deposited with this Hon'ble Court; ".

2. Mr. Sonak appearing on behalf of respondent No.3 submits that respondent No.3 has already submitted an application, seeking voluntary retirement, to respondent No.1 about 10 days ago and the said application has been submitted without prejudice to his rights and contentions in the criminal proceedings initiated against him. Mr. Nadkarni, learned Advocate General appearing on behalf of respondent Nos. 1 and 2 submits that respondent No.1 would consider the request of respondent No.3 for voluntary retirement and superannuate him.

In view of the above, the cause of action in the present petition no more survives. The writ petition, accordingly, stands disposed of. A. P. LAVANDE, J. U. V. BAKRE, J. ssm.