JAWAHAR LAL GUPTA Vs. RAMESHWAR CHAUBE

JUDGEMENT

(1.) The respondent filed a writ petition challenging the validity of an order dated 28th June, 1974. whereby he was placed under suspension. A learned single Judge allowed an application for interim relief and by his order dated l,3th August. 1974, stayed the operation of the impugned order. This special appeal is directed against this order dated 13th August, 1974.

(2.) It is apparent that the writ petition is still pending. The order of stay granted by the learned single Judge does not, in our opinion decide any of the rights of the parties which have to be adjudicated upon in the writ petition In view of the decisions of this Court in University of Lucknow V/s. State of Uttar Pradesh,1972 AllLJ 543. Vishwa Nath Tripathi V/s. Board of Revenue,1972 AllLJ 985. Radhev Shyam V/s. State of U. P.,1970 AllLJ 735and Gopal Behari Kapoor V/s. District Magistrate Etah,1967 AllLJ 990this appeal is not competent.

(3.) Pandit Kunzru, appearing for the appellant, placed reliance upon the Full Bench decision of this Court in Standard Glass Beads Factory V/s. Shri Dhar, 1960 AllLJ 387 (FB). This case has been considered by the various Division Benches mentioned above, and it has been held that the decision has no application to an order disposing of an application for interim relief during the pendency of the writ petition.