IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 221 of 2010 Director, Indian Veterinary Research Institute, Izatnagar and another ….…... Appellants Versus Ashok Kumar ………. Respondent Mr. N.P. Singh, Advocate for the applicants / appellants. Mr. Sanjay Bhatt, Advocate for the non-applicant / respondent. Date of Judgment: 25.11.2010 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Nirmal Yadav, J. BARIN GHOSH, C.J. (ORAL) Delay Condonation Application No. 9599 of 2010 Considered the application for condonation of delay. Considered also the objection thereto. Being satisfied with the reasons for the delay, we allow the application for condonation delay. Special Appeal No. 221 of 2010 Admit. By consent of the parties, the appeal is taken up for hearing. 2. From the pleadings filed, it appears that the present appeal has been preferred against an interim order, whereby the transfer of the writ petitioner – respondent has been stayed, being prima facie satisfied that the same has not been effected in public interest, but as and by way of punishment. In as much as before preferring the appeal the appellants had already filed a counter affidavit to the writ petition and had also applied for vacation of the interim order, it would not be appropriate on our part to express anything on the merits of the case. 3. We, accordingly, dispose of the appeal with a request to the writ Court to hear and decide at least the application for vacation of the interim order at an early date. (Nirmal Yadav, J.) (Barin Ghosh, C.J.) 25.11.2010 25.11.2010 Amit 2