B.S.Chauhan, J. - (1.) The present case depicts a sorry State of Government's mind and approach. It is revealed from the facts available that what a shabby manner the State is running its administration. The officers of the State instead of resolving the problems and performing their duties, have tried to make the situation more complex for extraneous considerations. They had been ex facie exhibiting malice and partnership'. It is a case of tug of war between two officials of a distinguished medical college of the State. The State administration apparently is divided into two lobbies, each taking positive sides with the errant teacher and staff member. Nobody appears to take any interest towards the ailing patients who rush to such colleges for the amelioration of their medical crisis.
(2.) The writ petition has been filed by the officiating Principal of Motilal Nehru Medical College, Allahabad challenging the suspension order dated 24.6.2003 on various grounds, including mala fides against Respondent Nos. 5 and 7, and raising the grievance for handing over charge to Respondent No. 6, who is not the senior-most Professor in the Medical College as Respondent No. 1 ignored the legitimate claims/expectations of Professors promoted under Personal Promotion Scheme or Career Advancement Scheme, who according to the petitioner, are also eligible and entitled to officiate as Principal.
(3.) Facts and circumstances giving rise to this case are that vide order dated 29.7.2000 the petitioner was required to discharge duties of Principal, and for that, he was not conferred any financial benefit. It was only an honorarium, an stop-gap arrangement. However, litigation started by one Professor S.K. Jain who claimed that as the College had been handed over to the Society, he was to retire at the age of 60 and not 58, and he succeeded in procuring an order from Department in April, 2001. Being aggrieved and dissatisfied, petitioner filed a writ petition and obtained an interim order from this Court. Ultimately, the writ petition was allowed and in pursuance thereof, petitioner continued to officiate as Principal. Petitioner was put under suspension vide order dated 13.6.2001. He preferred Writ Petition No. 23556 of 2001. Said order of suspension dated 13.6.2001 was stayed vide order dated 2.7.2001, observing that very serious allegations of mala fides have been raised, and prima facie, there was some substance in those allegations. Subsequently, the order dated 14.8.2001 was passed withdrawing the financial and administrative powers of the petitioner. Being aggrieved, petitioner preferred another Writ Petition No. 31167 of 2001, In which operation of the order dated 14:8.2001 was stayed on 21.8.2001.;