Madhya Pradesh High Court: This petition was filed before a Single Judge Bench comprising of Anand Pathak, J., filed against an order where appointment of petitioner was put on hold.
Facts of the case are that petitioner and respondent applied for a post of Anganwadi worker at Gram Panchayat where petitioner was not appointed. Aggrieved by the above an appeal was preferred before the Collector District Gwalior who directed Project Officer to issue appointment order after which petitioner was appointed. Respondent aggrieved by this filed an appeal before the Commissioner/Additional Commissioner where the stay was granted on the order by which petitioner was appointment.
Petitioner submitted that appellant authority was not having the power to issue an interim order. The case of Morgan Stanley Mutual Fund v. Kartick Das, (1994) 4 SCC 225 was referred stating once powers are not given then it cannot be borrowed. Petitioner contended that the nature of order passed would amount to the final relief which could not have been awarded. Whereas respondent submitted that appellant authority has inherent power to issue an interim order by virtue of its power to hear an appeal.
The High Court viewed that impugned order withholds the appointment of petitioner which is a relief final in nature and interim relief which is final in nature could not have been granted, therefore, impugned order was set aside. [Rekha Jatav v. State of M.P.,2018 SCC OnLine MP 679, dated 06-10-2018]
