New Delhi: The Supreme Court has cautioned the High Courts against granting interim stay of dismissal orders at the initial stage as it will amount to restoring employees in service.

A Bench consisting of Justices A.R. Lakshmanan and Dalveer Bhandari said: "Granting stay of the dismissal order would amount to restoring the employee." This "would also amount to virtually allowing the writ petition at the initial stage when the main writ petition is pending."

The Bench passed this order on a special leave petition (SLP) filed by the Ramakrishna Mission Vidyalaya, Coimbatore, challenging an interim order of the Madras High Court staying the dismissal of K. Rajkumar (petitioner before the High Court). When Mr. Rajkumar questioned the dismissal, a single judge granted stay of the operation of the order, which was also made absolute. A Division Bench dismissed the Mission's appeal with a direction to the single judge to fix an early date for hearing the petition.

Meanwhile Mr. Rajkumar filed a contempt petition and it was still pending. The Ramakrishna Mission Vidyalaya's SLP was directed against this order. Disapproving of the High Court's decision, the Supreme Court stayed the orders passed by the single judge and the Division Bench, and issued notice to the respondents. Further proceedings in the contempt petition were also stayed.

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