Early Times Report
Jammu, Sept 7 : A high court division bench of Justice Tashi Rabstan and Justice B S Walia today set aside a writ court stay order on the placement of an engineer as incharge Chief Engineer, PWD, in Srinagar.
The bench, however, requested the writ court to decide the matter expediously. The court directive came in a LPA filed by Satish Kumar Razdan, challenging the order of writ court, whereby it had stayed his placement as incharge CE, PWD, in Srinagar.
After hearing the two sides, the bench said it had been held time and again 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," the bench said.
"Since no interim order was passed for the last about two years when the petition was first listed before the writ court on December 12, 2014 and the fact that the appellant also retired from service with effect from August 31, 2016 and also considering the ratio of the aforesaid decisions of Supreme Court, we, without touching the merits of the case in view of the pendency of writ petition, deem it proper to allow the appeal and set aside the impugned order with a request to the writ court to decide the matter expeditiously," the bench said.(JNF) |
