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Chattisgarh High Court

Afroj Malik Khunte vs State Of Chhattisgarh on 11 December, 2017

Author: Prashant Kumar Mishra

Bench: Prashant Kumar Mishra

                                                                      NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                          WPS No. 6961 of 2017

     • Afroj Malik Khunte S/o Shri Govind Ram Khunte Aged About 26
       Years, Pharmacist Grade - 2, Community Health Centre , Duldula
       (Posted in Primary Health Centre Kastura) Tahsil Duldula, District
       Jashpur, Civil and Revenue District Jashpur, Chhattisgarh.

                                                              ---- Petitioner

                                  Versus

     1. State Of Chhattisgarh Through Secretary Public Health And
        Family Welfare Department Mahanadi Bhavan New Raipur
        District Raipur Chhattisgarh.

     2. Director, Public Health And Family Welfare Department, Indrawati
        Bhavan, Raipur, District Raipur, Chhattisgarh.

     3. Chief Medical and Health Officer, Jashpur, District Jashpur,
        Chhattisgarh.

     4. Collector, Jashpur, District Jashpur, Chhattisgarh.

     5. Block Medical Officer, Primary Health Centre, Duldula, District
        Jashpur, Chhattisgarh

                                                         ---- Respondents

For Petitioner Shri M. K. Sinha, Advocate For Respondent-State Shri Rajendra Tripathi, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/12/2017

1. Learned counsel for the petitioner challenges the order dated 25.11.2017, by which upon revocation of suspension, he has been posted at a place other than place wherefrom he was suspended.

2. In view of the order passed by this Court in the case of Prakash Narayan Tiwari Vs. State of Chhattisgarh and others, 2015 (5) C.G.L.J. 16, settled legal position is that after revocation of suspension, the delinquent employee is required to be posted in the same place wherefrom he was suspended.

3. Learned State counsel is not in a position to dispute the aforesaid settled legal position and this Court has already passed an order in number of such cases disposing of with direction for placing the delinquent employee at the same place wherefrom he was suspended. Accordingly, this petition is also disposed of with direction that after revocation, the petitioner shall be posted at the same place wherefrom he was suspended. After such posting and the petitioner joins, it will however be open for the respondents to post the petitioner/transfer the petitioner at any other station in exigency of service.

Sd/-

Judge Prashant Kumar Mishra Nirala