Partly allowed

The Vice Chancellor, Harcourt Butler Technical University and Another v. Suchita Gupta and Another

Allahabad HC16 Apr 2019SPLA/474/2019

Case brief

AI extract

What is this about?

The Single Judge was criticized for directing the petitioner to join work and be paid salary, effectively converting interim relief into final relief. The appeal modified the order to allow the University to decide whether to take work from the petitioner while mandating salary payment consequent upon the stay of suspension.

What did the court decide?

Modified judgment to maintain suspension stay and salary payment, but granted University liberty to decide whether to allow petitioner to join work.

The Vice Chancellor, Harcourt Butler Technical… — Service and Employment | Allahabad HC (2019)

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Court No. - 34

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Case :- SPECIAL APPEAL No. - 474 of 2019

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Appellant :- The Vice Chancellor, Harcourt Butler Technical University And Another Respondent :- Suchita Gupta And Another Counsel for Appellant :- Avneesh Tripathi,Rohit Pandey,Sri G. K. Singh, Senior Advocate

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Counsel for Respondent :- C.S.C.,Suresh Kumar Gupta

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Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.

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Heard Sri G.K. Singh, learned Senior Advocate assisted by Sri Avneesh Tripathi, learned counsel for the appellants, Sri Suresh Kumar Gupta, learned counsel for University and learned Standing Counsel for State-respondent no. 2.

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With the consent of learned counsel for the parties, we proceed to decide this intra-Court appeal filed under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as 'Rules 1952'), finally at this stage.

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By means of the judgement in question, learned Single Judge has stayed suspension order dated 24.1.2019 and directed that petitioner-respondent-1 shall be allowed to join and work in University and would also be paid her salary. It is not in dispute that pursuant to order of suspension dated 24.1.2019, disciplinary inquiry is yet to be concluded.

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Sri G.K. Singh, learned Senior Counsel contended that the entire interim relief granted by learned Single Judge in fact virtually amounts to grant of final relief and therefore, judgement in question is vitiated in law.

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We have perused the record and impugned judgement. Operative part of interim judgement reads as under :-

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"Until further orders of the Court, effect and operation of the order of suspension dated 24.1.2019 shall be kept in abeyance. Petitioner shall be allowed to join and work in the University and would also be paid her salary."

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We find no fault with the impugned order of learned Single Judge to the extent it has granted interim relief of staying suspension order but further direction by learned Single Judge that petitioner-respondent-1 shall be allowed to join University amounts to extending his interim relief, but converting into final relief. Therefore, in our view appropriate order should have been that employer would have been given liberty to allow petitioner-respondent-1 to join and take work or not consequent upon stay of suspension by learned Single Judge.

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We, therefore, dispose of this appeal by modifying judgement dated 28.3.2019 of learned Single Judge, and while maintaining interim order regarding suspension of petitioner-respondent-1, we provide that it shall be open to University to take work or not from petitioner-respondent-1 but pay salary as payable in law in view of the stay of suspension order.

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Order Date :- 16.4.2019 Manoj

The Vice Chancellor, Harcourt Butler Technical University and Another v. Suchita Gupta and Another

Case brief

What is this about?

What did the court decide?

The Vice Chancellor, Harcourt Butler Technical University and Another v. Suchita Gupta and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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