Interim relief should not be granted if it practically gives the principal relief sought in the main petition, especially when it affects public interest, and the balance of convenience and relevant considerations should be considered in granting interim relief.

1. By the medium of this revision petition, petitioner has challenged the order dated 31st October, 2006 passed by 1st Additional District Judge, Srinagar, in appeal titled as Principal Wood Land House School Vs. Surjeet Singh, on the grounds taken in the petition, for short impugned order.

2. Heard. Plaintiff-petitioner filed a suit before the learned Principal District Judge, Srinagar, for declaration and permanent injunction which came to be transferred to the Court of 3rd Additional Munsiff, Srinagar.

3. Alongside the suit, plaintiff filed an application for ad-interim relief. Trial court granted the application and stayed the termination order dated 15th December, 2005 with a command to the respondents-defendants to conduct enquiry under rules.

4. Feeling aggrieved of the said order, defendants-respondents filed a Civil Miscellaneous Appeal which came to be allowed by 1st Additional District Judge, Srinagar, vide impugned order.

5. The question involved in this appeal is whether order passed by appellant court is perverse and illegal and whether interference is required.

6. In order to determine this question, it is necessary to notice the facts of the case herein in nutshell.

7. Petitioner-plaintiff was appointed by the School Authorities-defendants/respondents in the year 1990. In the year 2005 State Board of School Education set-up a centre No.862 for examination of 10+2 in the defendant-school. Defendants asked the petitioner-plaintiff to assist the Superintendent in the examination hall. On 4th November, 2005 plaintiff-petitioner came to be arrested by Vigilance Organization Kashmir on the allegation that he had accepted bribe of Rs.3000/- from one Irshad Ahmad whose daughter was also taking examination in the said centre for facilitating the copying to her. He remained in custody up to 21st November, 2005. He came to be placed under suspension by defendants-respondents and thereafter termination order was served upon him through post. He challenged the termination order by the medium of a civil suit on the grounds that termination order was issued by an incompetent person in gross violation of Rule 9(1) of the Service Rules governing the defendant School.

8. The question is whether the termination order could be stayed during the pendency of the suit, in the given circumstances of the case and would it amount to granting the final relief?

9. The plaintiff has sought decree of declaration declaring the termination order null and void and for decree of injunction. In the application for grant of interim relief he had sought staying of the termination order and allowing him to perform the duties.

10. Virtually, the relief sought in the miscellaneous application amounts to granting of final relief. Learned counsel for petitioner argued that the impugned termination order is bad in law and without jurisdiction and came to be passed by an incompetent person. Further argued that operation of the termination order could be stayed because it came to be passed without jurisdiction.

11. Learned counsel for respondents argued that no irreparable loss will be caused to the petitioner. If he succeeds in the suit he will be taken back and be given all monetary and other benefits but interim relief cannot be granted at this stage because it amounts to decreeing the suit finally. He further argued that the petitioner has indulged in such an act which is against the public interest and public policy and virtually affects the future of the society.

12. The allegation against the plaintiff is that he has aided the student/examinee to go for copying and came to be arrested and released after more than 15 days. Can, in the given circumstance relief prayed for be granted in his favour. The reply is in negative for the reasons that balance of convenience is not in his favour and no irreparable loss will be caused to him because damages can be assessed by way of money and he can be paid the salary and other benefits.

13. The relief sought is virtually

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