Usha Soni v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 934 of 2017 Usha Soni W/o Baikunth Soni, Aged About 40 Years R/o Mathpara, Chandi Chowk, Durg, District Durg, (Chhattsigarh) ---- Petitioner
Versus
1. State Of Chhattisgarh Through: Secretary, Health & Family Welfare Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattsigarh)
2. Director, Health Services, Indrawati Bhawan, First Floor, New Raipur, District Raipur (Chhattsigarh)
3. Chief Medical And Health Officer, Durg, District Durg, (Chhattsigarh) ....Respondents For Petitioner :
Mr. Praveen Dhurandhar, Advocate For State :
Mr. Satish Gupta, G.A.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 23/02/2017 Heard on admission.
1.
The petitioner has challenged order dated 30.01.2017 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].
3.
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