Smt. Chain Choudhary v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1237 of 2020 • Smt. Chain Choudhary W/o Dr. Mukesh Choudhary, Aged About 44 Years Working As Teacher (L.B.), At Middle School Shringi Rishi Nagri, Dhamtari, District Dhamtari Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh

2. Divisional Joint Director Education Division Raipur, Pension Bada Raipur Chhattisgarh

3. District Education Officer, Raipur Chhattisgarh ----Respondents For Petitioner :

Shri Ankul Biswas, Advocate For Respondents/State :

Shri Avinash Singh, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 25-02-2020 Heard.

1. The grievance of the petitioner is that the petitioner was suspended by order dated 14.01.2020 while she was posted at Middle School Shringi Rishi Nagri, Dhamtari, District Dhamtari. Subsequently, the suspension was revoked on 31.01.2020 and she has been posted to Govt. Middle School Acawari, Block Nagri District Dhamtari. Learned counsel for the petitioner would submit that after the revocation of the suspension the petitioner has been transferred. It is further contended that the petitioner should have been placed at same place as she was holding the lien over the post. Learned counsel for the petitioner further submits that this issue has already been settled in WPS No. 217, dated 07.07.2015, therefore, after

revocation of the suspension order, the petitioner could not have been shifted to other place.

2. Learned State counsel opposes the same.

3. Perusal of Annexure P-1 would show with that the suspension order of the petitioner was revoked, she was posted at another place i.e. Acawari, Block Nagri District Dhamtari other than her headquarter i.e. Shringi Rishi Nagri, Dhamtari. This issue has already been decided by this Court in WPS No. 217 wherein this Court has referred to the judgment passed in 2005 (4) MPHT 352 (DB) and has reiterated the legal ratio which reads as under in para 6 of WPS No. 217 of 2015 is reproduced hereinunder:-

6. The issue fallen for consideration has been decided by the Division Bench of the High Court of Madhya Pradesh in Kendriya Vidyalaya Sangthan and others v. Dr. R.K. Shahstri and another wherein the following has been held :

10. The order dated 6/8-7-2002 is not passed by the authority who passed the order of suspension, but by the Appellate Authority in exercise of appellate power, while dealing with an appeal filed by the employee. While exercising the appellate power under Rule 23 read with Rule 27 (1), the Appellate Authority can either confirm the suspension or revoke the suspension. Therefore the second respondent while passing the order dated 6/872002, could not have transferred the employee reporting at the place of transfer. The order of the Appellate Authority to the extent it subjects the revocation of suspension conditional to reporting to duty at K.V. Karimganj is therefore illegal and inoperative. It is well settled that when an employee is kept under suspension pending enquiry, he retains his lien over the post from which he is suspended.

It is also a settled position that the station of posting immediately before suspension would be the headquarter vis-a-vis the suspended employee, unless the Competent Authority changes the headquarter of the suspended employee in public interest. It is also well settled that any vacancy caused on account of suspension pending enquiry, is to be filled by a reservist and where a reservist is not available by officiating appointment. Therefore on revocation of suspension, the employee becomes entitled to report back to his place of posting from where he was suspended.

may, in exercise of power of transfer, transfer him. Therefore, we agree with the finding of the Tribunal that the order of the Appellate Authority dated 6/8-7-2002 to the extent it posts the first respondent to Karimganj and makes the revocation of suspension effective from the date of reporting at K.V., Karimganj, is invalid and liable to be quashed.

Emphasis supplied

4. Considering the fact that after the revocation of suspension order of the petitioner, the petitioner has been transfered to Acawari, Block Nagri District Dhamtari which is contradictory to the principle laid down, supra, therefore, part of the posting of the petitioner to Acawari, Block Nagri District Dhamtari required to be modified. The petitioner shall be entitled to join the same place of posting from where she was suspended i.e. Middle School Shringi Rishi Nagri, Dhamtari. Thereafter, the State would be at liberty to place any order if so desired as per the ratio laid down in the aforesaid case.

5. Accordingly, the case stands disposed of.

Sd/- Goutam Bhaduri Judge Jyoti