A.K. Singh Bhadoriya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2873 of 2018 A.K. Singh Bhadoriya S/o Late Narendra Singh Bhadoriya Aged About 61 Years Occupation Service, Presently Working As Block Education Officer Odagi Block Odagi District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education (T) Mahanadi Bhawan New Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. The Collector, Surajpur, District Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh

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

Shri A.N.Pandey, Advocate For State :

Shri Dhiraj Wankhede, Govt. Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/04/2018 This petition has been filed by the petitioner for a direction to the respondents that the petitioner be posted at the same place wherefrom he was suspended in view of the settled legal position as laid down by this Court in the case of Bhopal Tande Vs. State of Chhattisgarh and others (W.P.(S) No.2498 of 2015 decided on 10/08/2015). 2.

According to the aforesaid legal position, this petition is finally disposed off with a direction to respondent No.1 to pass fresh order of posting of the petitioner at the same place wherefrom he was suspended. However, considering the peculiar circumstances of the present case that the petitioner was proceeded against the allegations that he has committed rape on an Assistant Teacher who was posted within his jurisdiction, the State Government is directed that after giving posting of the petitioner at the same place wherefrom he was suspended, he should be immediately transferred to any other place to avoid the situation that the petitioner is in a position to misuse his official position. Sd/- (Manindra Mohan Shrivastava) Judge Deepti