(1.) SYED Azmat Hussain, Respondent No. 1 in LPA No. 785 of 2003 had filed a writ application under Article 226 of the Constitution, being CWJC No. 958 of 2001, inter alia challenging the order passed by the appellant asking him to proceed on leave as also the subsequent order placing him under suspension. In the writ application the very appointment of the appellant as Chairman. Board of Governors of Regional Institute of Technology, Jamshedpur was also challenged. Vide impugned judgment dated 29.11.2001, whereas the learned single Judge set aside the appointment of the appellant as the Chairman. Board of Governors. R.I.T., Jamshedpur, as made by Notification dated 9.1.2001, but he refused to grant any relief in so far as the writ petitioner (Respondent No. 1) was concerned relating to the aforesaid adverse order passed against him by the appellant. While refusing to grant relief to the respondent No. 1, the learned single Judge was of the view that even though the appointment of the appellant has been declared illegal, all actions taken by him in the capacity of the Chairman, Board of Directors, R.I.T., Jamshedpur, should not be held illegal ipso facto till some specific illegalities were pointed out with respect to such action. Even though the learned single Judge did not mention so, perhaps, he invoked the de facto doctrine and thus did not grant any relief to the respondent No. 1. In so far as the aforesaid grant of relief to respondent No. 1 is concerned. LPA No. 65 of 2002 has been filed by him. In so far as the quashing and setting aside of the appointment, of appellant as the Chairman of the Board of Governors, R.I.T., Jamshedpur is concerned. LPA No, 785 of 2001 has been filed by the said appellant.
(2.) LPA No. 785 of 2001 was taken up for consideration on 21.12.2001 and while the appeal was admitted, in so far as the interim relief as claimed by the appellant was concerned, the following order was passed : - -'Heard the parties with regard to the stay matter. On consideration of all the relevant aspects and specially in the light of the provisions of the Bihar Reorganisation Act, 2000, as well as on consideration of the various clauses of the Articles of Association of the Society and on interpretation of various orders on the subject, we fell that status quo ante as was existing prior to the date of the pronouncement of the judgment under challenge in this appeal is required to be restored, keeping in view the spirit of the Bihar Reorganisation Act, 2000 and the need for maintaining the continuity in the functioning of the Regional Institute of Technology, Jamshedpur, Accordingly, even while we are staying the operation of that portion of the judgment of the learned single Judge as relates to the revocation of the appointment of the appellant as the Chairman of the Board of Governors, R.I.T., Jamshedpur we also direct that status quo ante as was in existence before the pronouncement of this judgment shall be restored.'
(3.) LET the matter appear in February. 2002.