GEORGE MASIH, J. - (1.) - This order would cover CWP Nos. 11022, 16917 and 17347 of 2010.
(2.) FACTS in these cases are inter -twined and, therefore, are narrated in a sequence as the events have unfurled leading to the filing of these three writ petitions out of which the first two writ petitions i.e. CWP Nos. 11022 and 16917 of 2010 have been preferred by Dr. Balbir Chand Josan, Principal, DAV College, Sector 10, Chandigarh and CWP No.17347 of 2010 filed by the Governing Body of the DAV College Sector 10, Chandigarh (hereinafter referred to as the Governing Body). Dr.Josan was appointed as the Principal of the DAV College Sector 10, Chandigarh. Vide letter dated 1.4.2008, the decision was communicated that the petitioner had been selected as Principal, DAV College, Sector 10, Chandigarh and was directed to join as such. In pursuance thereto, the petitioner joined on 2.4.2008. Subsequently, appointment letter dated 1.7.2008 was issued by the Governing Body. The petitioner continued to serve as Principal till resolution dated 19.5.2010 was passed by the Governing Body ordering his transfer. This decision of the Governing Body was challenged by the petitioner through CWP No.11022 of 2010 on various grounds. On 18.6.2010, this Court while issuing notice of motion stayed the operation of the impugned resolution dated 19.5.2010. Replies stand filed by the respondents. The interim order continues to operate.
(3.) DURING the pendency of the writ petition, the Governing Body in its meeting held on 14.9.2010 passed a resolution placing the petitioner under suspension with immediate effect as disciplinary proceedings were contemplated against him. Order dated 15.9.2010 was served upon the petitioner as per the decision. Dr. Josan moved an application dated 16.9.2010 before the Registrar, Panjab University, Chandigarh requesting for staying the order of suspension passed by the Governing Body on the ground that the Governing Body has not sent the suspension order to the Registrar along with the charge -sheet as required under Regulation 9.2 of Chapter VIII (E) of the Panjab University Calendar Volume -I (2007) and that he has not been supplied with the copy of the charge -sheet by the Governing Body till date and also that he had filed CWP No. 11022 of 2010 wherein his transfer had been stayed and the matter is sub - judice before this Court. Taking these facts into consideration, Registrar, exercising his powers under Regulation 9.2 stayed the order of suspension passed by the Governing Body till further orders on 16.9.2010 itself. Thereafter, on 17.9.2010, Registrar, kept the order dated 16.9.2010 in abeyance till further orders in view of Regulation 4.2 of Chapter III and Section 31 (2) (e) of the Panjab University Act, 1947 (hereinafter referred to as 1947 Act). This order is challenged by Dr. Josan by filing CWP No.16917 of 2010 wherein this Court vide order dated 22.9.2010, allowed Dr. Josan to continue to function as Principal of DAV College, Sector 10, Chandigarh, but shall not take any policy decision with respect to the functioning of the College. Dr. Josan made a statement before the Court that he shall not undertake any financial transaction on behalf of the College and shall allow the existing financial arrangement to continue. This interim order continues till date.;