J.S.Khehar, J. - (1.) Through the instant writ petition, the petitioner had impugned order dated 26.7.2005 (Annexure P-1). A Division Bench of this Court stayed the operation of the impugned order (Annexure P-1) After the issuance of notice of motion, a joint written statement has been filed on behalf of respondent Nos.1 to 5. Appended thereto is an order dated 13.9.2005 issued by the Commandant, 2nd IRB, Bhondsi, Gurgaon depicting that the petitioner has been allowed to join his duty with immediate effect till the finalizaiton of Civil Writ Petition.
(2.) In this behalf, it is also pointed out that none of the averments made in the writ petition on merits have been repudiated by the respondents in the written statement.This factual position is not disputed by the learned counsel for the respondents.
(3.) In view of the above, we are satisfied that the averments made in the writ petition having not been controverted,the claim raised by the petitioner has to be accepted. Accordingly, the impugned order dated 26.7.2005 (Annexure P-1) is hereby set aside. Disposed of accordingly.;