SAMPATLAL TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 6-4-2009 (Annexure P-1) passed by respondent No. 3 by which though the suspension order of the petitioner has been revoked yet a direction has been issued to pay him only 75% of the salary till decision of the case pending before the Court.

(2.) Facts of the case in brief are that the petitioner who was working as Principal, Lal Bahadur Sastry Higher Secondary School, Bamnideeh, Distt. Janjgir was placed under suspension on 27-6-2008 (Annexure P-2). The suspension order of the petitioner, however, was revoked on 30-9-2008 (Annexure P-4). Thereafter, on 24-11-2008 (Annexure P-5) a letter was issued by respondent No. 1 to respondent No. 3 asking it to place the petitioner under suspension again Pursuant to this direction issued by the State Government, the petitioner was again suspended by respondent No. o. 3, vide order dated 5-12-2008 (Annexure P-6). However, vide impugned order dated 6-4-2009, suspension of the petitioner has been revoked but a direction his been issued to pay him 75% of the salary only.

(3.) Contention of Shri Sharma, learned Counsel for the petitioner is that once the suspension order of the petitioner itself has been revoked, no curtailment in his salary can be made by the respondents and they have absolutely no authority to pass any such order under the law.