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High Court Of ChhattisgarhCONT/345/2016disposed off

A. K. Singh Bhadoriya v. G. R. Churendra

2016-08-16Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 345 of 2016 • A. K. Singh Bhadoriya S/o Late Narendra Singh Bhadoriya, Aged About 60 Years Occupation- Service, Presently Working As Incharge Block Education Officer Odagi Block- Odagi, Distt. Surajpur, Chhattisgarh ---- Petitioner

Versus

1. G. R. Churendra , Collector Surajpur, Distt. Surajpur, Chhattisgarh

2. Anand Prakash Ekka Then The District Education Officer Surajpur Distt. Surajpur, Chhattisgarh, Then Presently Posted On The Post Of Principal District Institute Of Education And Training Ambikapur Distt. Surguja, Chhattisgarh ...............(Contemnors) ---- Respondents -------------------------------------------------------------------------------------------------- For Petitioner :

Mr. A.N. Pandey, Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/08/2016 Heard.

1.

This petition arises out of order dated 08.07.2016 passed in W.P.(S) No.2368 of 2016.

2.

Submission of learned counsel for the petitioner is that despite order passed by this Court directing consideration of posting at the place where from the petitioner was suspended in the light of earlier decision of this Court, respondent No.2 - District Education Officer has posted the petitioner at a place, other than the place, where from he was suspended.

3.

The District Education Officer has misconstrued the order of this Court as understanding that after revocation of suspension, the petitioner can be sent to a place where from he was brought to the place where from he was suspended, is completely incorrect. No distinction can be made on the basis of original place of posting petitioner is required to be posted at the place where the petitioner was posted at the time of his suspension. The competent authority

shall carry out the order of the Court in the spirit as stated herein above.

4.

If it is found that the officer has not attempted to comply with the order passed by this Court, it shall be considered as willful disobedience and initiation of contempt proceeding shall be directed. Necessary order be passed by the District Education Officer within 7 days from the date of receipt of a copy of this order. Sd/- (Manindra Mohan Shrivastava) Judge Chandra