Case Note & Summary
The case involved an appeal by the State of U.P. against interim orders issued by the High Court of Judicature at Allahabad, which allowed the respondent, Diwakar Khare, to continue in the post of Media Prabhari. The Supreme Court noted that the post had been abolished by the State Government on June 18, 2008, prior to the issuance of the interim orders. The court found that since the post was no longer in existence, the High Court's decision to grant interim relief was unwarranted. The court set aside the interim orders while emphasizing that this decision did not affect the merits of the original writ petition, which was scheduled for final hearing on October 20, 2008. The court also mentioned that any disciplinary proceedings against the respondent would be withdrawn if he joined as Additional District Information Officer within two weeks. The appeal was allowed without costs.
Headnote
A) Administrative Law - Interim Relief - Justification of Interim Orders - Code of Civil Procedure, 1908 - The Supreme Court held that the interim relief granted by the High Court was not justified as the post of Media Prabhari had been abolished prior to the grant of relief, making the continuance in the post impossible. The court vacated the interim orders while clarifying that the merits of the writ petition remain to be decided by the High Court (Paras 4-5).
Issue of Consideration
Whether the interim relief granted by the High Court was justified after the abolition of the post of Media Prabhari.
Final Decision
The Supreme Court allowed the appeal, set aside the interim orders of the High Court, and clarified that the merits of the writ petition would still be decided by the High Court.
Law Points
- Interim relief
- Abolition of post
- Writ petition
- Disciplinary proceedings
