- (1.) We have heard Shri R.B. Tripathi, learned counsel appearing for the petitioners. Learned Standing Counsel appears for respondent Nos. 1, 4 and 5. Shri B.D. Pandey has accepted notice on behalf of respondent Nos. 2 and 3. Shri G.K. Singh and Shri Girijesh Tiwari have appeared for Dr. Prabhat Kumar Pandey, Principal, Baba Raghav Das Bhagwan Das Post Graduate College, Ashram, Barhaj, Deoria-respondent No. 6. The Committee of Management, Baba Raghav Das Bhagwan Das Post Graduate College, Ashram Barhaj, District Deoria through its Secretary, has filed this writ petition against the order of the Vice-Chancellor of Deen Dayal Upadhyay Gorakhpur University, Gorakhpur (the University), cancelling its resolution dated 2.10.2011, and the order dated 3.10.2011, placing Dr. Prabhat Kumar Pandey-respondent No. 6 under suspension, in contemplation of an enquiry into the charges of financial irregularities and misconduct in exercise of its powers under Statute 17.07 of the First Statute of the University of Gorakhpur. A charge-sheet dated 15.10.2011 has been served on him.
(2.) The Committee of Management had earlier filed a Writ Petition No. 63617 of 2011 against the order of the Vice-Chancellor by which he had stayed the order of suspension and had fixed the matter for hearing. The writ petition was disposed of on 9.11.2011 on the statement of Shri B.D. Pandey appearing for the Vice-Chancellor, that the final orders in the matter shall be passed by the Vice-Chancellor expeditiously, and within the time granted by the Court. The Court directed that the matter should be decided as expeditiously as possible, but not later than three weeks from the date already fixed.
(3.) The Vice-Chancellor of the University has cancelled the resolution of the Committee of Management, and the order of suspension on the ground, that the suspension order has been passed against respondent No. 6 without issuing a charge-sheet and without hearing him or giving him an opportunity to reply to the charges. The order, according to the Vice-Chancellor, was in violation of principles of natural justice. According to him, the ex-parte order was not justified.;