State of U.P. Thru. Prin. Secy. Deptt. of State Tax Lko. and 4 Others v. Sanjay Kumar Mishra
Case brief
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SPECIAL APPEAL No.-173 of 2026, High Court of Judicature at Allahabad (Lucknow Bench), decided April 3, 2026 by Rajan Roy, J. and Manjive Shukla, J.; State of U.P. (Prin. Secy., Deptt. of State Tax) v. Sanjay Kumar Mishra. Intra-court special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 against interim order of Writ Court in Writ-A No. 1607 of 2026 staying posting of Opposite Party No. 2 dated 03.02.2026 and directing joining of respondent at pre-suspension post. Suspension dated 26.11.2025 stayed on 16.12.2025 in Writ A No. 10463 of 2025; stay unchallenged; compliance order issued 22.03.2026. Held: reinstatement is the logical consequence of an operative, unchallenged stay of suspension; posting another officer without reinstating the suspended employee violates the stay order; no reason to interfere in intra-court appeal. Appeal dismissed, without prejudice to rights in pending writ petitions.