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High Court Of ChhattisgarhWPS/5850/2017disposed off

Baliram Chaurasia v. State Of Chhattisgarh

2017-11-06Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5850 of 2017 Baliram Chaurasia S/o Shri Chaitu Ram, Aged About 61 Years Head Master, Government Girls Middle School, Surangpani Block - Pathalgaon District Jashpur, Civil And Revenue District Jashpur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhavan, Mantralay, New Raipur Chhattisgarh.

2. Director, School Education Department, Indrawati Bhavan, Block - C , New Raipur, Chhattisgarh.

3. District Education Officer, Jashpur District Jashpur Chhattisgarh.

4. Block Education Officer, Pathalgaon, District Jashpur Chhattisgarh. ---- Respondents For Petitioner :

Mr. M.K. Sinha, Advocate For State :

Mr. Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06.11.2017 Heard.

1.

Learned counsel for the petitioner challenges a part of the order dated 08.09.2017 by which, upon revocation of suspension, he has been posted at a place other than place wherefrom he was suspended. 2.

In view of the order passed by this Court in the case of Prakash Narayan Tiwari Vs. State of Chhattisgarh and others, 2015 (5) C.G.L.J. 16, settled legal position is that after revocation of suspension, the delinquent employee is required to be posted in the same place wherefrom he was suspended.

3.

Learned State counsel is not in a position to dispute the aforesaid settled legal position and this Court has already passed an order in number of such cases disposing off with direction for placing the delinquent employee at the same place wherefrom he was suspended. Accordingly, this petition is also disposed off with direction that after revocation the petitioner shall be posted at the same place wherefrom he was suspended. After such posting and the petitioner joins, it will however be open for the respondent to post the petitioner/transfer the petitioner at any other station in exigency of service.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha