State of U.P.&
Ors. Vs. Diwakar Khare [2008] INSC 1703 (3 October 2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO.6049 OF 2008 [Arising out of SLP [C] No.25092/2008
@ CC No. 13508 of 2008] State of U.P. & Ors. ...Appellants VERSUS Diwakar Khare
...Respondent ORDER
1.
Delay
condoned.
2.
Leave
granted.
3.
This
appeal is directed against the interim orders dated 20th of June, 2008 and 29th
of August, 2008 passed by a Division Bench of the High Court of Judicature at
Allahabad, Lucknow Bench, by which an interim relief was granted to the Writ
Petitioner/Respondent to the extent that Respondent was permitted to continue
on the post of Media Prabhari.
4.
Having
heard the learned counsel for the parties and after going through the impugned
order, we are of the view that in the facts and circumstances of the case, the
interim relief granted ought not to have been passed by the High Court during
the pendency of the writ petition.
5.
Mr.
Gopal Subramaniam, learned Additional Solicitor General, appearing on behalf of
the appellant-State, has drawn our attention to an order of the State
Government, which is annexed as Annexure P-4 to this paper book, from which it
is evident that the post of Media Prabhari has already been abolished from 18th
of June, 2008. Since the post itself has been abolished by the State Government
before the interim order was granted, we are of the view that the interim
relief to writ petitioner/respondent at this stage could at all be given i.e.
after abolition of the said post. If the posthas already been abolished,
question of continuance by the writ petitioner/respondent in the said post
already abolished cannot arise at all.
That being the
position, we set aside the interim orders granted by the High Court.
6.
We
are informed that the original writ petition now pending before the High Court
is fixed for final hearing on 20th of October, 2008. In this connection, we
make it clear that we have not gone into the merits of the writ petition and by
vacating the interim orders by us, it shall not be meant that the High Court
would not be entitled to decide the writ petition on merits. Therefore, it will
be open to the High Court to decide the writ petition on merits without being
influenced by the grant of interim orders by the High Court and vacation of the
same by this Court.
7.
Learned
Addl. Solicitor General also submits on instruction that the disciplinary
proceedings, if any, started against the respondent, shall stand withdrawn if
the writ petitioner/respondent joins the service as Addl. District Information
Officer in the State of Uttar Pradesh within two weeks from this date. The
Contempt Proceedings, if any, shall remain stayed till final disposal of the
writ petition.
8.
The
appeal is thus allowed to the extent indicated above. There will be no order as
to costs.
...............................J.
[TARUN CHATTERJEE]
...............................J.
New
Delhi;
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