Interim relief can be granted in cases involving change of headquarters for government employees under investigation, highlighting the requirement for substantial justification.

Per Hon’ble Mr. Sangeet Lodha,J.

1. This intra-Court appeal is directed against the order dated 07.01.2020 passed by the learned Single Judge, granting interim relief in favour of the respondent-writ petitioner and the order dated 03.11.2020, rejecting the application preferred by the appellants under Article 226 (3) of the Constitution of India , seeking vacation of interim order dated 07.01.2020.

2. The facts relevant are that the respondent holding the post of Physical Teacher was posted in the office of Chief Block Education Officer, Sri Ganganagar. He was found indulged in embezzlement of Rs.37,38,66,055 by withdrawing the money against 172 fake bills raised for encashment of earned leave of the persons, shown to have retired from service. An FIR was registered against the respondent on 31.07.2018 at Police Station, Purani Abadi, Sri Ganganagar for offences under Sections 420, 409, 120B IPC. The respondent was arrested and was later sent to the judicial custody. The respondent was placed under suspension vide order dated 01.08.2019 with immediate effect and his headquarter was fixed at Government Senior Secondary School (Multi Purpose), Sri Ganganagar. However, vide order dated 24.12.2019, the headquarter of the respondent during suspension was changed from Government Senior Secondary School (Multi Purpose), Sri Ganganagar to Government Senior School, 2 RKM, Kundal, Gharsana, District Sri Ganganagar. The legality of the order issued as aforesaid has been challenged by the respondent by way of writ petition before this Court.

3. The learned Single Judge, while issuing notices of the writ petition to the appellant herein, vide order dated 07.01.2020 passed an interim order in favour of the writ petitioner in the following terms:

“Meanwhile, effect and operation of the order dated 24.12.2019, the extent of changing petitioner’s headquarter from Govt. Senior Secondary School (Multi Purpose), Sriganganagar to Govt. Senior Secondary, 2 RKM Kundal, Gharsana, Sriganganagar, shall remain stayed.”

4. In response to the notice served, reply to the writ petition was filed on behalf of the appellants herein, on 20.03.2020. The appellants also filed an application under Article 226 (3) of the Constitution for vacating the interim order.

5. On 14.08.2020, learned Additional Advocate General appearing for the appellants submitted before the Court that as per the information received by him from concerned officer, the writ petitioner is trying to influence the witnesses including the probable witnesses, hence, the interim order passed by the Court needs to be vacated/modified. The appellants were granted time to file affidavit to this effect. Accordingly, the additional affidavit was filed on behalf of the appellants.

6. After due consideration, the application preferred by the appellants under Article 226 (3) of the Constitution has been dismissed and interim order stands confirmed by the learned Single Judge by order under appeal, with the observations as under:

“12. Having regard to the facts and circumstances of the case, particularly the manner in which petitioner’s headquarter has been changed and taking into consideration the desperation of respondents to justify the impugned order by way of supplementing the self serving letters, this Court has reason to believe that all is not well at respondents’ end. Hence, without observing much on merit, lest it would prejudice the case of either of the parties, this Court is of the prima facie opinion that there was no compelling reason that could have necessitated the change of headquarter from Government Senior Secondary School (Multi Purpos