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High Court Of ChhattisgarhWPS/6803/2016disposed off

Mahendra Kumar Sahu v. State Of Chhattisgarh

2016-12-16Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6803 of 2016 Mahendra Kumar Sahu S/o Shri D. R. Sahu, Aged About 46 Years Working As A Multipurpose Health Worker ( Rural Health Organizer) At Sub Health Office, Bilaspur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Health And Family Welfare Department, Mahanadi Bhawan Mantralaya, New Raipur, Distt. Raipur, (Chhattisgarh)

2. Director, Health Services Indrawati Bhawan, New Raipur, Distt. Raipur, (Chhattisgarh)

3. Chief Medical And Health Officer, O/o The Chief Medical And Health Office, Bilaspur, District Bilaspur (Chhattisgarh) ---- Respondents For Petitioner :

Shri Vinod Deshmukh, Advocate For Respondent/State :

Shri D.R. Minj, Dy. G.A. for the State.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/12/2016 Heard.

1.

The petitioner has challenged part of order dated 21.10.2016 on the ground that after revocation of suspension, he has been posted at a place, different than the place wherefrom he was suspended.

2.

Learned counsel for the petitioner submits that upon revocation of suspension, the petitioner is liable to be posted at the same place and this issue is no longer res integra and decided by this Court in number of cases including Bhopal Tande vs. State of Chhattisgarh and others {W.P.(S) No.2498 of 2015 decided on 10/08/2015}.

-23. On the other hand, learned State counsel submits that though place of posting of the petitioner, after revocation of suspension, is different but it is in the same division.

4. The distinction pointed out by the learned State counsel is not material. The principle laid down in the case of Bhopal Tande (supra) is that once suspension is revoked, the employee is liable to be posted at the same place where he was posted at the time of issuance of the order of suspension.

5. In view of above, at this stage, this petition is disposed off with a direction that the competent authority shall post the petitioner at the same place from where, he was suspended. Thereafter, it will always be open for the competent authority to transfer the petitioner in exigency of service.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha