Excelsior Correspondent
JAMMU, Sept 7: Division Bench of State High Court comprising Justice Tashi Rabstan and Justice BS Walia today set-aside the order of the writ court whereby the placement of Satish Kumar Razdan as Incharge Chief Engineer, PWD Kashmir was stayed.
The order was passed in a LPA filed by Satish Kumar Razdan challenging order of writ court.
After hearing Senior Advocate BS Salathia with Meenakshi Salathia appearing for the appellant whereas Senior AAG Seema Shekhar appearing for the State and Advocate Rahul Pant appearing for the Suresh Mohan Trisal, DB set-aside the order of writ court with the request to writ court to decide the matter expeditiously.
“It appears that although the writ court has passed the interim order but the same seems to be giving principal relief sought in the writ petition by way of interim measure”, DB observed, adding “time and again it has been held that the court should not pass an interim order which amounts to a final relief. Whether the petitioner is entitled to any relief has to be adjudicated upon at the time of final disposal of the writ petition and not before that. Even the Apex Court has time and again deprecated such a practice”.
“Since no interim order was passed for the last about two years when the writ petition was first listed before the writ court on December 12, 2014 and the fact that appellant-writ respondent has also been retired with effect from August 31, 2016 as also considering the ratio of the decisions of the Supreme Court, we, without touching the merits of the case in view of pendency of the writ petition, deem it proper to allow the appeal and set aside the order impugned with a request to the writ court to decide the matter expeditiously”, the DB said.
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