Neutral Citation No. - 2025:AHC:56699-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 274 of 2025 Appellant :- District Basic Siksha Adhikari Respondent :- Anil Kumar Gupta And 2 Others Counsel for Appellant :- Ashok Kumar Singh Counsel for Respondent :- Virendra Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vinod Diwakar,J. (Ref: Civil Misc. Delay Condonation Application) Heard learned counsel for the parties on the prayer made for condonation of delay. Having examined the affidavit filed in support of delay condonation application, as also the arguments advanced at the bar, we deem it appropriate to condone the delay in filing of the appeal. Application is allowed. Delay in filing of appeal is condoned. (Ref: Special Appeal) Heard Sri Awadhesh Kumar, holding brief of Sri Ashok Kumar Singh, learned counsel for the appellant and learned counsel for the respondent petitioner. Services of respondent petitioner has been terminated after conducting a disciplinary enquiry in which a finding is returned that appointment itself has been obtained on the basis of fraudulent marksheet by forging documents. On behalf of appellant, it is submitted that once the appointment has been cancelled on specific finding of fraud, after affording opportunity of hearing to the teacher concerned, the relief granted in the writ virtually amounts to grant of final relief. It is submitted that such final relief could not have been granted at the interim stage, inasmuch as the effect of the order is that consequence, which was available only after the order was set aside, is made available at the interim stage. It is also submitted that stay vacation application has also been filed in the matter, which has not been considered, so far. On behalf of respondent petitioner, it is stated that the rejoinder affidavit would be filed in the matter within ten days. Considering the nature of allegations made in the termination order, as also the submission that the interim order virtually grants relief, which could be granted only at the final stage, we deem it appropriate to set aside the order of learned Single Judge, insofar as interim relief has been extended to the respondent petitioner. In view of the statement made on behalf of respondent petitioner that a rejoinder affidavit would be filed within ten days, we direct the Registry to list the writ petition before the learned Single Judge after expiry of two weeks. We request the learned Single Judge to decide the writ petition finally at the admission stage itself, as per His Lordship's convenience. We make it clear that all question of fact and law are left open for consideration at the time of final adjudication. Special appeal, accordingly, stands disposed of. Order Date :- 17.4.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad