Ravindranath Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.907 of 2017 • Ravindranath Tiwari S/o Shri Radhelal Tiwari, Aged About 56 Years R/o. Kila Ward, Juna Bilaspur, District Bilaspur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Cooperative Department, Mahanadi Bhawan, New Raipur, Police Station Rakhi, District Raipur (Chhattisgarh)

2. Registrar, Cooperative Societies, Raipur District Raipur (Chhattisgarh) ---- Respondents For Petitioner :

Shri Anup Majumdar, Advocate For Respondent/State :

Shri Neeraj Sharma, GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/02/2017 Heard.

2.

This is a petition arising out of order dated 25-10-2016(Annexure P/1), by which, suspension of the petitioner was revoked, while he was working as Co-operative Inspector at Co-operative Societies at Janpad Panchayat, Lormi and he has been posted in the office of Deputy Registrar, Co-operative Societies, Mahasamund. 3.

Learned counsel for the petitioner submits that upon revocation of suspension, the petitioner is liable to be posted at the same place and this issue is no longer res integra and decided by this Court in number of cases including Bhopal Tande vs. State of Chhattisgarh and others (W.P.(S)No.2498 of 2015 decided on 10-082015). 4.

The principle laid down in the case of Bhopal Tande (supra) is that once suspension is revoked, the employee is liable to be posted at the same place where he was posted at the time of issuance of the order of suspension.

5.

In view of above settled legal position, the petition is allowed. The impugned order dated 25-10-2016 (Annexure P-1) is quashed. It is, however, made clear that it will be open for the competent authority to transfer the petitioner, if administrative exigency warrants so.

SD/- (Manindra Mohan Shrivastava) Judge Tumane