STATE OF UTTAR PRADESH Vs. VISHWANATH PRASAD DR

JUDGEMENT

(1.) We have heard learned counsel on both sides. Delay condoned. Special leave granted.

(2.) The respondent was at the relevant point of time and continues to be the principal of B. R. D. Medical College, Gorakhpur. By an order dated 12/10/1993, the State government sought to place him under suspension in anticipation of an inquiry into certain charges of misconduct against him. The High court, in the writ petition moved by the respondent, has stayed the order of suspension. The relevant part of the order reads :

(3.) Shri Yogeshwar Prasad, learned Senior Counsel for the appellants says that there is no reasoning at all in the order as to how the High court felt persuaded to interfere with an order of suspension of a government servant, and that, at all events, the last sentence of the above excerpted portion of the order to the extent it implies that the respondent would be immune even from any transfer, would amount to the impermissible situation of the respondent being in a much better position after suspension than what he was prior to it.