STATE OF J&K Vs. MOHD HUSSAIN

JUDGEMENT

(1.) THIS appeal has been presented by the State through the Commissioner/Secretary to Govt. Department of Education challenging the correctness and legality of the order made by the learned Single Judge in SWP No. 1484/ 96 dated 21 -11 -1996 on the grounds taken in the appeal.

(2.) WE have heard Mr. Chohan, learned counsel for the appellant and Mr, Kotwal, learned counsel for the respondent.

(3.) THE submission of Mr. Chohan, learned counsel for the appellants is that, without going into the merits of the writ petition, the nature of the interim relief granted by the learned Single Judge in the above said writ petition is contrary to the law laid down by the Supreme Court as far back as in 1985 in Assistant Collector of Central Excise V/s Dunlop India Ltd. reported in AIR 1985 SC 330. The learned counsel urged that in view of the law laid by the Supreme Court, the appeal deserves to be allowed.