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High Court Of ChhattisgarhWPS/1114/2018disposed off

Raj Kumar Shrivastava v. State Of Chhattisgarh

2018-02-05Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1114 of 2018 Raj Kumar Shrivastava S/o Late S.S. Shrivastava Aged About 56 Years R/o House No. E/7, Archana Vihar, Gandhi Nagar Ps Civil Lines, District Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. Engineer In Chief, Public Works Department, Sirpur Bhawan, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

3. Chief Engineer, Public Works Department, Bilaspur Region, Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh

4. Executive Engineer, Public Works Department, Division No. 2, Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh ....Respondents For Petitioner :

Mr. A.V. Shridhar, Advocate For State :

Mr. Dheeraj Wankhede, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05.02.2018 Heard.

1.

The short issue arises for consideration in this petition is that whether after revocation of suspension, an employee could be posted at a place other than the place wherefrom he was placed under suspension. 2.

This issue has been decided by this Court in plethora of decisions. To name a few are Prakash Narayan Tiwari v. State of Chhattisgarh (WPS No.217/2015 decided on 07/07/2015), Bhopal Tande v. State of Chhattisgarh and others (WPS No.2498 of 2015 decided on 10/08/2015) etc.

In the case of Prakash Narayan (supra), this issue was dealt with and it was held that after revocation of suspension, the petitioner should be posted at the place wherefrom he was suspended. Therefore, the impugned order is quashed and the petitioner shall be posted at the same place wherefrom he was suspended. 3.

Once the petitioner joins, thereafter, it would be open for the authorities to transfer the petitioner to any other place. The petition is accordingly finally disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha