K. J. Shetty, C. J. - (1.) SRI Dina Nath Shukla, respondent no. 2, was placed under suspension by the Managing Committee of Budha Vidyapeeth Degree College, Naugarh, Basti. The respondent no. 2 moved the Vice Chancellor challenging the order of suspension. The Vice Chancellor by his order dated December 12, 1985 stayed the said order of suspension. That interim order of the Vice Chancellor has been called into question in this writ petition under Article 226 of the Constitution.
(2.) PARTIES have filed their pleadings in regard to their respective contentions but in our opinion it is unnecessary to delve deep into the matter. It is not desirable to examine the validity of the order of suspension or the legality of the stay order of the Vice-Chancellor. The Vice Chancellor has stayed the order of suspension in the exercise of his power conferred upon him under clause (4) of Section 35 of the U. P. State Universities Act. It reads : " 35. Conditions of service of teachers of affiliated or associated colleges other than those maintained by Government or local authority : (1)........................ (2) Every decision of the Management of such college to dismiss or revoke a teacher or to reduce him in rank or to punish him in any other manner shall before it is communicated to him, be reported to the Vice-Chancellor and shall not take effect unless it has been approved by the Vice-Chancellor. (4) Nothing in sub-section 2 shall be deemed to apply to an order of suspension pending enquiry, but any such order may be stayed, revoked or modified by the Vice-Chancellor. " The above provision no doubt indicates that the Vice-Chancellor could stay the order of suspension which has been made by the management of the affiliated college pending enquiry against their teachers. The Vice-Chancellor has also the power to revoke or modify such order. Does it mean that the Vice-Chancellor could make such orders without hearing the parties affected thereby. Does it mean that the Vice-Chancellor could make an exparte order of stay and keep the matter in cold storage. We do not think that any such power is implied. It is one of the accepted principles that no order which has the effect of revoking, nullifying or modifying an order should be made without hearing the parties affected thereby. He may make an exparte order but should after giving both the parties a reasonable opportunity of being heard make a final order. He should not keep the exparte stay order for long.
(3.) IT is, therefore, proper that we should dispose of the writ petition with liberty to the Vice-Chancellor to make a final order after hearing both the parties. The Vice-Chancellor may dispose of the matter within four weeks from the date on which a certified copy of this order is presented before him. In the meanwhile, the interim order earlier granted by this Court directing the Management to pay the salary of the respondent no. 2 with a liberty not to take work from him shall continue.;