AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Shri S.K. Kalia learned Senior Counsel assisted by Shri R.N. Sharma on behalf of petition and Shri Prashant Chandra learned Senior Counsel assisted by Shri Karunanidhi Yadav on behalf of respondent No. 4 and learned Standing counsel for respondents No. 1 to 3.
Petitioner, who is an Associate Professor in the Pharmacy in Medical College, Kanpur, was permitted to officiate as Head of the department vide order dated 10.7.2008 being senior most in his cadre. The order was given effect from 1.10.2008. Later on petitioner had submitted a letter dated 9.7.2009 (Annexure-20 to the writ petition) informing the Principal that he is not interested to hold the post of the Head of the Department. However, letter dated 9.7.2009 was withdrawn by the petitioner vide subsequent letter dated 13.7.2009 (Annexure-22 to the writ petition). In spite of the fact that petitioner has withdrawn his earlier letter, the State Government had proceeded to pass the impugned order dated 17.8.2009 depriving the petitioner to function as Head of Department. Later on charge was given to respondent No. 4.
By order dated 24.11.2009 we have directed the State to produce the entire record with regard to present controversy. The order was not complied with. Then again on 7.12.2009 we have granted another chance to the State to produce the relevant records. But even then it has not been complied with. An undertaking was given for maintaining the status-quo.
Keeping in view the fact that repeated orders passed by this Court have not been complied with and prima facie it appears that the petitioner is the senior most Associate Professor and original letter dated 9.7.2009 was withdrawn by him on 13.7.2009 and impugned order has been passed at later stage in the month of August, 2009, prima facie, case is made out to pass an interim order.
Accordingly, till further orders of this Court, the operation of the impugned order dated 17.8.2009 passed by the respondent No. 1, order dated 3.9.2009 and dated 25.8.2009 shall remain stayed. Petitioner shall be permitted to continue on the post of Head of the Department in accordance with Rules forthwith.
Respondents may file supplementary counter affidavit to the supplementary affidavit filed by the petitioner within three weeks.
List in the third week of January, 2010. Writ petition may be disposed of finally on the next date of listing.