- (1.) Heard Shri S.K. Kalia learned Senior Counsel assisted by Shri R.N. Sharma on behalf of petition and Shri Prashant Chandra learned Senior Counsel assisted by Shri Karunanidhi Yadav on behalf of respondent No. 4 and learned Standing counsel for respondents No. 1 to 3.
(2.) Petitioner, who is an Associate Professor in the Pharmacy in Medical College, Kanpur, was permitted to officiate as Head of the department vide order dated 10.7.2008 being senior most in his cadre. The order was given effect from 1.10.2008. Later on petitioner had submitted a letter dated 9.7.2009 (Annexure-20 to the writ petition) informing the Principal that he is not interested to hold the post of the Head of the Department. However, letter dated 9.7.2009 was withdrawn by the petitioner vide subsequent letter dated 13.7.2009 (Annexure-22 to the writ petition). In spite of the fact that petitioner has withdrawn his earlier letter, the State Government had proceeded to pass the impugned order dated 17.8.2009 depriving the petitioner to function as Head of Department. Later on charge was given to respondent No. 4.
(3.) By order dated 24.11.2009 we have directed the State to produce the entire record with regard to present controversy. The order was not complied with. Then again on 7.12.2009 we have granted another chance to the State to produce the relevant records. But even then it has not been complied with. An undertaking was given for maintaining the status-quo.;