Chaturbhuj Chandra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5017 of 2020 Chaturbhuj Chandra S/o Shri Ramesh Kumar Chandra Aged About 32 Years R/o Village Bhathora Post Pihrid, Police Station And Tahsil Malkharauda, Civil And Revenue District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supplies, Government Of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur Civil And Revenue District Raipur Chhattisgarh 2.

Managing Director Civil Supplies Corporation Ltd., Block 7a, 2nd Floor, Office Complex, Sector 24, Atal Nagar, Nawa Raipur Civil And Revenue District Raipur Chhattisgarh 3.

District Manager Chhattisgarh State Civil Supplies Corporation Ltd., Janjgir, Civil And Revenue District Janjgir Champa Chhattisgarh 4.

District Manager Chhattisgarh State Civil Supplies Corporation Ltd., Raigarh, Civil And Revenue District Raigarh Chhattisgarh 5.

District Manager Chhattisgarh State Civil Supplies Corporation Ltd., Balrampur, Civil And Revenue District Balrampur-Ramanujganj Chhattisgarh ---- Respondents For Petitioner :

Mr. Ramesh Kumar Nayak, Advocate For State :

Mr. Sudeep Verma, Deputy G.A.

For Respondents No.2 to 5 :

Mr. Vivek Ranjan Tiwari, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 10/12/2020 1.

The grievance of the petitioner in the present writ petition is to the action on the part of the respondents whereby the place of posting of the petitioner has been shifted after revocation of his suspension from Janjgir-Champa to District Balrampur-Ramanujganj. 2.

The counsel for the petitioner submits that once when the respondents had placed the petitioner under suspension, then after

dropping of the disciplinary proceedings and revocation of the order of suspension, the petitioner would be entitled to be taken back in service at the same place, from where he was placed under suspension.

3.

The issue raised in the present writ petition has been squarely dealt with by the Division Bench of this Court in WPS No. 7269/2017 (L.P. Saket v. Chhattisgarh State Civil Supplies Corporation Limited & Ors.) decided on 15.11.2018, wherein the Division Bench of this Court in very categorical terms while dismissing the writ petition have held that on the revocation of the suspension order, the petitioner would be entitled for only the protection to the lien to the post, to which he was working and that he would not be entitled for the protection to the place of posting where he was working prior to the order of suspension being issued. 4.

In view of the specific law laid down by the Division Bench in the aforesaid judgment, the present writ petition deserves to be and is accordingly rejected.

5.

The rejection of this writ petition would not preclude the petitioner from approaching the authorities on the administrative side for requesting for a change of place of posting.

6.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved