- (1.) This application has been filed to vacate the ex parte interim order dated 17-2-2003, passed by the Court in favour of the petitioner staying the operation of the impugned order dated 1-2-2003 by which the Principal of the college had passed the impugned order removing the petitioner from the post of the Head of the Department.
(2.) Facts and circumstances giving rise to this application are that petitioner had been removed from the post of the Head of the Department by the respondent No. 3 vide order dated 1st February, 2003 and this Court vide order dated 17-2-2003 stayed the operation thereof. The applicant-respondent No. 3 filed an application on 12th March, 2003 to vacate the said order dated 17-2-2003. Petitioners counsel did not make any attempt to get the matter listed and at this stage we are considering the application dated 12th March, 2003. Learned counsel for the applicant has submitted that in view of the provisions of clause (3) of Article 226 of the Constitution if an application for vacating the ex parte interim order passed by the Court is not heard within a period of two weeks from the date of its filing, the interim order passed earlier stands vacated automatically, and therefore, this Court does not require to pass any formal order. Stay order passed earlier stands vacated by operation of law.
(3.) Sub-clause (3) of Article 226 of the Constitution provides that if an interim order has been passed without giving an opportunity of being heard to the other side and the said party makes an application to the Court to vacate the interim order, the Court should dispose of such application within two weeks from the date of its filing and if such application is not disposed of in the said stipulated period, the interim order shall stand vacated automatically on expiry of the stipulated period.;