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High Court Of ChhattisgarhWPS/5219/2017disposed off

Dr. Anil Kumar Singh v. State Of Chhattisgarh

2017-10-04Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.5219 of 2017 • Dr. Anil Kumar Singh S/o Mr. L. M. Singh, Aged About 55 Years Occupation Service, Posted As Veterinary Assistant Surgeon / Incharge Deputy Director, Veterinary Services, District Janjgir Champa Chhattisgarh R/o D - 59, Vijayapuram Phase - I, Seepat Road, Sarkanda, Police Station Sarkanda, Tehsil & District Bilaspur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Livestock Development, Mahanadi Bhawan, Naya Raipur, Revenue & Civil District Raipur Chhattisgarh.

2. Director Veterinary Services, Chhattisgarh, Indrawati Bhawan, Naya Raipur, Revenue & Civil District Raipur Chhattisgarh.

3. Deputy Director, Veterinary Services Janjgir Champa, District Janjgir Champa Chhattisgarh.

4. Deputy Director, Veterinary Services Bijapur, District Bijapur Chhattisgarh.

---- Respondents For Petitioner :

Shri Surfaraj Khan, Advocate For Respondent/State :

Shri Satish Gupta, GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 04/10/2017 Heard.

1.

By this petition, the petitioner has challenged order dated 14.09.2017 on the ground that after revocation of suspension, the petitioner is required to be posted at the same place where from he was suspended. In support of his contention, learned counsel for the petitioner relied upon order dated 7.7.2015 passed in WPS No.217 of 2015 (Prakash Narayan Tiwari Vs. State of C.G.).

2.

On the other hand, learned counsel for the respondents opposed the same by submitting that clause (13) of FR 9 and FR 13 of the Fundamental Rules conferred power on the authority to place an officer on any other place after revocation of suspension.

3.

As consistent view has been taken with regard to legal issue involve in this case as reflected from order dated 7.7.2015 passed in WPS No.217 of 2015 and in other cases, I am inclined to allow the petition. 4.

The petition is accordingly allowed. Respondents are directed to post the petitioner at the same place where from he was suspended. Sd/- (Manindra Mohan Shrivastava) Judge Tumane