GUJARAT AGRICULTURAL UNIVERSITY Vs. BHUPENDRASINGH T RATHOD

JUDGEMENT

(1.) Civil Application No. 10057 of 1999 is filed by the State of Gujarat. Interim relief is prayed in terms of para 5 which reads as under :

(2.) In Civil Application No. 10038 of 1999,filed by Gujarat Agricultural University, interim relief prayed is in terms of para 9 which is as under :

(3.) We were of the view that both the appeals deserved admission and hence, we have admitted them. We have also fixed final hearing. We are of the opinion that the applicants are entitled to interim relief . It would be appropriate to record reasons for grant of interim relief as also why according to us, both the appeals deserved admission. Opponent No.1 was the original petitioner in Special Civil Application No. 4774 of 1999. He was appointed as Campus Director of Gujarat Agricultural University, Anand ("University" for short) on 15/05/1997. The order of appointment dated 15/05/1997 stated that the petitioner was appointed as Campus Director of the University with effect from 15/05/1997 or from the date of taking over charge by him, for a period of three years in accordance with provisions of Sub-Section (2) of Section 13 of the Gujarat Agricultural University Act, 1969 (hereafter referred to as "the Act"). On 30/06/1999, order of suspension was passed by the State Government which was impugned in the petition. Whereas according to the University as well as the State Government, an order of suspension was preventive pending inquiry; according to the petitioner, it was by way of punishment and penalty.