- (1.) We have heard learned counsel on both sides. Delay condoned. Special leave granted.
(2.) The respondent was at the relevant point of time and continues to be the principal of B. R. D. Medical College, Gorakhpur. By an order dated 12/10/1993, the State government sought to place him under suspension in anticipation of an inquiry into certain charges of misconduct against him. The High court, in the writ petition moved by the respondent, has stayed the order of suspension. The relevant part of the order reads : "The counsel for the petitioner has vehemently contended before us that the petitioner has been placed under suspension only just to keep him out of the office on the frivolous and malicious charges and there is no material to bring the case under the mischief of 'misconduct'. After hearing the counsel for the parties and after careful perusal of the record, without expressing any final opinion of the merits of the submission made by the counsel for the petitioner, we are of the view that the petitioner has made out a prima facie case for grant of interim order in his favour. We, therefore, suspend the operation of the impugned orders dated 12/10/1993 contained in Annexures 6 and 7 to the writ petition and also restrain the respondent from interfering in the petitioner's functioning as 146 principal of the B. R. D. Medical College, Gorakhpur till further orders of this court. "
(3.) Shri Yogeshwar Prasad, learned Senior Counsel for the appellants says that there is no reasoning at all in the order as to how the High court felt persuaded to interfere with an order of suspension of a government servant, and that, at all events, the last sentence of the above excerpted portion of the order to the extent it implies that the respondent would be immune even from any transfer, would amount to the impermissible situation of the respondent being in a much better position after suspension than what he was prior to it.;