The Allahabad High Court has set aside a single bench order while observing that the Apex Court has consistently been of the view that by way of an interim order the order of suspension termination, dismissal and transfer etc should not be stayed during the pendency of the proceedings in Court.
The Division Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava passed this order while hearing a Special Appeal filed by Vice Chairman Abss Institute Of Technology.
The Intra Court Appeal has been filed questioning the interlocutory order dated 23.3.2022 passed by the Single Judge whereby and whereunder entertaining the writ petition against the termination order dated 6.4.2021 passed by the Vice Chairman Abbs Institute of Technology, Meerut a private educational institution and inviting a response to the writ petition has stayed the termination order dated 6.4.2021 and permitted the writ petitioner/respondent to perform his duty as he was discharging earlier and shall be paid his salary which shall be subject to final outcome.
The Court observed that,
The order of the Single Judge reveals that while the writ petition has been kept pending by inviting counter and rejoinder affidavits the termination order dated 6.4.2021 passed by the appellant who was arrayed as respondent No 2 in the writ petition has been stayed with further direction permitting the petitioner/ respondent to perform his duties and paid salary, the Single Judge has virtually granted the final relief to the writ petitioner/respondent.
An interim order can be passed by a Court of law only in aid of a final relief prayed for. An interim order ought not to be passed by a Court which is in the nature of a final relief itself. If such an order is passed virtually nothing will remain to be adjudicated at the final hearing stage.
In the case at hand the Single Judge by staying the termination order and directing for payment of salary to the writ petitioner/ respondent has virtually granted the reliefs prayed for in the writ petition which could not have been done at the initial stage.
The Court found that the termination order is dated 6.4.2021. The writ petition was filed on 20.12.2021 and the interim order staying the termination order was passed on 23.3.2022.
The Court noted that,
The Apex Court in the case of State of UP and others vs. Sandeep Kumar Balmiki and others, reported in 2009 (17) SCC 555, while considering the property of granting final relief at the interim stage, made the following observations which is being quoted hereunder:-
“In our view, the interim order granted by the High Court staying the order of termination could not be passed at this stage in view of the fact that if such relief is granted at this stage, the writ petition shall stand automatically allowed without permitting the parties to place their respective cases at the time of final hearing of the writ petition. In this case also, the appellants have not yet filed a counter affidavit to the writ petition of the respondents.
That being the position and in view of the fact that the final relief could not be granted at the interim stage, we set aside the impugned order and vacate the interim order passed by the High Court.”
From the above noted decisions, it is evident that the Apex Court has consistently been of the view that by way of an interim order the order of suspension termination, dismissal and transfer etc should not be stayed during the pendency of the proceedings in Court, the Court said.
In view of the above, the Court opined while allowing the appeal that the order to the extent it stays the termination order dated 6.4.2021 and permits the writ petitioner to perform his duty as he was discharging earlier and shall be paid his salary which shall be subject to final outcome cannot be sustained and is accordingly set aside.
“The writ petition shall be heard on its merit upon exchange of the pleadings as directed by the Single Judge. We leave it open for the parties to request the Single Judge to decide the writ petition at an early date,” the order reads.