STATE OF M P Vs. SAMAR BAHADUR SINGH

JUDGEMENT

(1.) This intra Court appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 11-3-2014 passed by learned Single Judge of this Court in Writ Petition No. 1066/2014 (S). Brief facts necessary for disposal of the writ appeal may be stated, as under:--

(2.) Thereafter, the Higher Education Department (Parent Department), vide, order dated 17-1-2014 (Annexure P-1) cancelled the deputation and repatriated not only the respondent, but as many as 39 other similarly placed Assistant Professors. As a consequence, the respondent was posted vide order dated 4-2-2014 in Government College, Sendhwa.

(3.) Feeling aggrieved by the order dated 17-1-2014 and 4-2-2014, the respondent filed the aforesaid writ petition. Learned Single Judge, placing reliance on the judgment passed by the Supreme Court in the case of Union of India vs. V. Ramakrishnan, 2005 8 SCC 394, as also on the order passed by Single Bench of this Court in the case of present respondent himself, Dr. Samar Bahadur Singh S/o. Gajdhar Singh vs. State of M.P. and another, 2009 2 MPLJ 345vide impugned order allowed the writ petition by holding that where the period of deputation is for specific term, the same cannot be curtailed expect on the grounds such as "unsuitability" or "unsatisfactory performance".