Full Judgment Text
IN THE SUPREME COURT OF INDIA
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
O R D E R
1. Delay condoned.
2. Leave granted.
3. This appeal is directed against the interim
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orders dated 20 of June, 2008 and 29 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.
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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
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been abolished from 18 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 post
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has 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
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hearing on 20 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
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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]
New Delhi; ..….…..………………..J.
October 03, 2008. [AFTAB ALAM]
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