STATE OF U. P. Vs. NITIN AGNIHOTRI

JUDGEMENT

(1.) The order dated May 5, 2022 passed by the learned Single Judge has been impugned by filing the present intra-court appeal.

(2.) Challenge before the learned Single Judge was to the communication dated December 21, 2022 from the Management of Shri Mardan Singh Inter College, Tal Behat, Lalitpur, vide which in view of letter dated November 5, 2020 from the District Inspector of Schools, payment of salary to respondent No. 1 was directed to be stopped with effect from November, 2020. Learned Single Judge allowed the writ petition, quashed the order dated December 31, 2020 passed by the Committee of Management and directed for payment of salary along with interest thereon to respondent No. 1.

(3.) The stand taken by the learned counsel for the appellants is that the appointment of Respondent No. 1 on compassionate basis was wrong as he had concealed material facts. However, it is not in dispute that no final decision has yet been taken about the appointment of respondent No. 1 as to whether the same is legal or illegal. The proceedings therefor are in process. The effect of passing of order stopping payment of salary to respondent No. 1 is either that he shall not be allowed to work and that too without passing any order or that he shall not be paid salary despite working in the college. Under both the eventualities, the order passed cannot be sustained as there is no direction that respondent No. 1 will not be allowed to work in the college and stoppage of payment of salary is not by way of punishment.