- (1.) This Court, at the time of issuance of notice on 12th February 2015, directed the respondents to maintain status quo in a petition where the petitioner challenges action of the respondents of holding a Court of Inquiry against the act of the petitioner. She has also challenged the very authority of the Court of Inquiry and the Inquiry Committee.
(2.) Original respondents-present applicants have challenged the very filing of the petition under Article 226 seeking vacation of the ex parte stay under Article 226 (3) of the Constitution of India. It is the say of the respondents that Special Civil Application is filed by narrating distorted version and an ex parte stay has been obtained, where in fact, this petition itself is not maintainable. According to the applicants, petition under Article 226 cannot lie under the Army Welfare Education Society Rules & Regulations as it is a private body registered under the Societies Registration Act XXI of 1860. It is contended that neither employees nor Institutions are State within the meaning of Article 12 of the Constitution of India. On merit, it has been stated that the petitioner though is supposed to be holding the post of Principal, she is not acting with due diligence and care, and hence, she was time and again warned, but since she continued to breach the code of conduct, sanctioned was accorded for court on inquiry. According to the applicants, the attempt to file Special Civil Application is only to linger the inquiry by getting the stay, and therefore, a prayer is made for vacating the order of status quo.
(3.) Article 226 pertains to Power of High Courts to issue certain writs. Article 226 (3) contemplates that where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a person under clause (1), makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.;