Neutral Citation No. - 2025:AHC:119123-DB Court No. - 21 Case :- SPECIAL APPEAL DEFECTIVE No. - 484 of 2025 Appellant :- State Of Up And 4 Others Respondent :- Jagat Prakash Counsel for Appellant :- Alok Kumar Tripathi,S.C. Counsel for Respondent :- Prashant Mishra Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. Order on the Delay Condonation Application 1. Heard counsel for the parties. 2. The appeal is reported to be beyond time by 47 days. 3. The delay in filing the appeal is sufficiently explained and is accordingly condoned. 4. The application is allowed. 5. Office to allocate a regular number to the instant appeal. Order on the Memo of Appeal 1. The instant intra-court appeal is directed against an interim order dated 5.4.2025, passed by a Single Judge Bench in Writ Petition No. 4092 of 2025, whereby the suspension order impugned in the writ petition, by the non-appellant, has been stayed and he has been permitted to discharge his duties and entitled to salary. 2. The learned Single Judge while granting interim order, has noted the submission of the respondent that the suspension order proceeds on a wrong factual premise. It has been left open to the Department to conclude the disciplinary proceedings. The respondent has also been directed to co-operate in the departmental proceedings. 3. Sri R.K. Ojha, learned Senior Advocate, assisted by Sri Prashant Mishra, appearing for the respondent, submits that the instant appeal, being against a purely interlocutory order, is not maintainable. He further submits that despite full cooperation by the non-appellant, the appellants have failed to conclude the disciplinary proceedings. 4. Sri Ratandeep Misra, appearing for the State-appellant, submits that an order of suspension cannot be stayed by way of an interim measure as it would amount to granting final relief. In support of his submission, he has placed reliance on a judgment of Co-ordinate Bench dated 12.7.2022 in Special Appeal No. 306 of 2022. 5. We have gone through the said judgment and we do not find any force in the submission. In the said case, the writ petition was directed against an order of termination passed by vice chairman of a private educational institution. The Single Judge while entertaining the writ petition, stayed the operation of the termination order and directed for payment of salary subject to final outcome of the writ petition. It was subject matter of challenge in a special appeal before a Division Bench. While considering the facts of the said case, it was observed that such an interim order could not have been passed. In the said case, as noted above, the court was not called upon to examine whether an order of suspension could have been stayed by means of an interim order. However, we find certain observations in paragraph 8 of the judgment wherein it is mentioned that the consistent view of the Apex Court is that by way of an interim order, suspension, termination, dismissal and transfer, etc. should not be stayed during pendency of the proceedings. The extracts from the judgments of Apex Court which have been referred to in the preceding paragraphs do not mention about any such absolute prohibition and also appears to have been passed while considering grant of interim order in cases of termination/dismissal. 6. Undoubtedly, a termination or dismissal order results in snapping the relationship of "employer and employee" or "master and servant" between the parties and generally in such cases, the consistent legal position is that by way of an interim order, the same should not be stayed. However, as noted above, the challenge in the writ petition was to a suspension order and as the learned Single Judge was convinced that a prima facie case has been made out by the petitioner, therefore, we are of considered opinion that no illegality has been committed in staying its operation pending final adjudication of the case. 7. The appeal lacks merit and is accordingly dismissed. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 22.7.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad