DHEER SINGH Vs. STATE OF M P

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution, the petitioner has called in question the order dated 6.3.2013, whereby the respondent No.2, Commissioner, Higher Education while revoking the suspension of the petitioner posted him to Government College, Chanderi (Ashok Nagar). The petitioner was placed under suspension by order dated 2.5.2011 (Annexure P-2). At that point of time the petitioner was working as Lab Technician in Government Excellent Science College, Gwalior. This order of suspension was revoked by the same authority by Annexure P-1.

(2.) Shri Prashant Sharma, learned counsel for the petitioner, assailed this order on the basis of Division Bench judgment, (Kendriya Vidyalaya Sangthan and others vs. Dr. R.K.Shastri and another, 2005 4 MPHT 352). Learned counsel for the petitioner submits that on revocation, the petitioner was required to be reinstated on the same place from where he was placed under suspension. Shri Prashant Sharma submits that after suspension the petitioner could have been transferred by the competent authority but in the light of Dr. R.K.Shastri it was not open for the respondent No.2 to post the petitioner at Chanderi on revocation of the suspension.

(3.) Per Contra, Shri MPS Raghuvanshi, learned Additional Advocate General, supported the order and submits that if the relevant paragraphs of Dr. R.K.Shastri are taken into consideration, it will make it crystal clear that the said judgment has no application in the facts and circumstances of this case. He further submits that Dr. R.K.Shastri has no application and this point was considered by another Division Bench of this Court in (Union of India and others vs. Sri Vilas Ramesh Chand Tarhate, 2003 ILR(MP) 491).