High Court Of ChhattisgarhWPS/2368/2016disposed off

A. K. Singh Bhadoriya v. State Of Chhattisgarh

2016-07-08Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2368 of 2016 A. K. Singh Bhadoriya S/o Late Narendra Singh Bhadoriya, Aged About 60 Years Occupation Service, Presently Working As Incharge Block Educaiton Officer, Odagi Block Odgai District Surajpur Chhattisgarh ---- Petitioner

Versus

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

2. Collector, Surajpur, District Surajpur Chhattisgarh

3. District Education Officer, Surajpur, District Surajpur Chhattisgarh

4. Shashi Bhushan Jaiswal, Principal Govt. Higher Secondary School Podi Block Ramanujnagar, District Surajpur District Surajpur Chhattisgarh ---- Respondents For Petitioner :

Dr. N.K. Shukla, Senior Advocate with Mr. A.N. Pandey, Advocate For State :

Mr. Sangharsh Pandey, Dy. G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/07/2016 Heard.

The only question raised in this petition is that in view of order dated 07.07.2015 passed in WPS No.217 of 2015 (Prakash Narayan Tiwari Vs. State of Chhattisgarh and others) the petitioner is entitled to be posted at the same place where from he was suspended. On the last date of hearing, the State counsel was directed to seek instructions.

Learned counsel for the State submits that the order was passed by this Court based on the judgment of the Division Bench of High Court of

Madhya Pradesh but later on, judgment of full Bench of Madhya Pradesh High Court in the case of Asif Mohd. Khan Vs. State of Madhya Pradesh and others (AIR 2015 Madhya Pradesh 203) has taken a different view.

Considering that this Court has already taken view in the case of Prakash Narayan Tiwari (supra), this petition is disposed off with a direction to respondents to consider petitioner's posting upon revocation of suspension in accordance with law laid down by this Court in the case of Prakash Narayan Tiwari (supra) within a period of 30 days from the date of receipt of copy of this order.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha