IN THE SUPREME COURT OF INDIA           CIVIL APPELLATE JURISDICTION

       CIVIL APPEAL NO.6049 OF  2008  [Arising out of SLP [C] No.25092/2008 @ CC No. 13508

of 2008]

State of U.P. & Ors.                      …Appellants

VERSUS

Diwakar Khare                            …Respondent

O R D E R

1. Delay condoned.   

2. Leave granted.   

3. This  appeal  is  directed  against  the  interim

orders dated 20th of June, 2008 and 29th of August,

2008 passed by a Division Bench of the High Court

of  Judicature  at  Allahabad,  Lucknow  Bench,  by

which  an  interim  relief  was  granted  to  the  Writ

Petitioner/Respondent  to  the  extent  that

Respondent was permitted to continue on the post

of Media Prabhari.   

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4. Having  heard  the  learned  counsel  for  the

parties and after going through the impugned order,

we  are  of  the  view  that  in  the  facts  and

circumstances of the case, the interim relief granted

ought not to have been passed by the High Court

during the pendency of the writ petition.    

5. Mr.  Gopal  Subramaniam,  learned  Additional

Solicitor  General,  appearing  on  behalf  of  the

appellant-State,  has  drawn  our   attention  to  an

order of the State Government, which is annexed as

Annexure P-4 to this paper book, from which it is

evident that the post of Media Prabhari has already

been abolished from 18th of June, 2008.  Since the

post  itself  has  been  abolished  by  the  State

Government before the interim order was granted,

we  are  of  the  view  that  the  interim relief  to  writ

petitioner/respondent at this stage could at all be

given i.e. after abolition of the said post.  If the post

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has  already  been  abolished,  question  of

continuance  by  the  writ  petitioner/respondent  in

the said post already abolished cannot arise at all.

That  being  the  position,  we set  aside  the  interim

orders granted by the High Court.        

6. We are informed that the original writ petition

now pending before the High Court is fixed for final

hearing  on  20th of  October,  2008.   In  this

connection, we make it clear that we have not gone

into the merits of the writ petition and by vacating

the interim orders by us, it shall not be meant that

the High Court would not be entitled to decide the

writ petition on merits.  Therefore, it will be open to

the High Court to decide the writ petition on merits

without  being  influenced  by  the  grant  of  interim

orders by the High Court and vacation of the same

by this Court.   

7. Learned Addl.  Solicitor General  also  submits

on instruction that the disciplinary proceedings, if

any,  started  against  the  respondent,  shall  stand

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withdrawn  if  the  writ  petitioner/respondent  joins

the service as Addl. District Information Officer in

the State of Uttar Pradesh within two weeks from

this date.  The Contempt Proceedings, if any, shall

remain stayed till final disposal of the writ petition.   

8. The  appeal  is  thus  allowed  to  the  extent

indicated above.  There will be no order as to costs.  

    …….……………………J.     [TARUN CHATTERJEE]

New Delhi;          ..….…..………………..J.

October 03, 2008.   [AFTAB ALAM]     

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