( 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 :"5. THE applicant, therefore, prays that: (A) pending the admission, hearing and final disposal of the Letters Patent Appeal, Your Lordships may kindly be pleased to stay the operation, implementation and execution of the impugned orders dated 2/08/1999 and 9th August 1999 passed by the learned Single Judge in Special Civil Application No. 4774 of 1999. (B) be pleased to pass such other and further relief as the nature and circumstances of the case may require. "

( 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 :" The applicant, therefore, prays that:a. PENDING the hearing and final disposal of this Letters Patent Appeal, Your Lordships be pleased to stay the impugned orders dated 2nd August 1999 and 9/08/1999 passed by the learned Single Judge (Mr. M. R. Calla,j.) in Special Civil Application No. 4774/99 and allow to appoint another Officer as a Campus Director of Anand campus. B. ANY other appropriate relief that may be deemed fit and proper be granted in the interest of justice. "

( 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.

( 4 ) THE learned Single Judge, after considering the facts and circumstances of the case, observed that a strong prima facie case was made out by the petitioner, that the order was punitive in nature and as balance of convenience was in his favour, the petitioner was entitled to interim relief. Accordingly, the learned Single Judge admitted the petition by issuing Rule. He also granted mandatory interim relief of status quo ante as on 30/06/1999. The present two appeals have been filed by the University and by the State Government against grant of interim relief by the learned Single Judge.

( 5 ) IT appears that the order of suspension was passed on 30/06/1999. On 2/07/1999, a petition was filed. Notice was issued to the respondents. It may be stated that a caveat was filed by the appellants of LPA No. 1183 of 1999. On August 2, the learned Single Judge issued Rule on the petition and made it returnable on 9/08/1999. It was stated on behalf of respondents No. 2 and 3 that the action was taken in pursuance of the order passed by the Government and hence it would be for the Government to defend the order and respondent Nos. 2 and 3 had filed caveat only under the instructions of the State Government. In light of the above submission, the learned Single Judge granted limited interim relief that nobody should be appointed to the post of Campus Director till the matter is heard on 9/08/1999. On the returnable date i. e. on August 9, 1999, Rule was not heard but arguments were advanced