Kendriya Vidyalaya Sangthan And Ors. vs Dr. R.K. Shahstri And Anr. on 19 July, 2005
1. The petitioner was placed on suspension by order dated
17.4.2014 (Annexure P/1) by the State Government. Against which, he
preferred writ petition being WPS No.4973 of 2014, which was dismissed
by this Court on 28.4.2015. The petitioner preferred writ appeal against the
order of writ Court being Writ Appeal No.309 of 2015 before the Division
Bench of this Court that was disposed of directing the Appellate Authority
to dispose of representation of the petitioner against suspension by
speaking order. The State Government by its order dated 9.10.2015
(Annexure P/6) rejected the representation of the petitioner. The petitioner
preferred contempt petition being Contempt Case (C) No.450 of 2015
before this Court for non-compliance of order passed in writ appeal. During
pendency of the contempt case, the State Government by its order dated
2
14.1.2016 (Annexure P/7) revoked suspension of the petitioner and
transferred him to Veterinary Hospital, Orcha, District Narayanpur on the
post of Assistant Veterinary Surgeon and thereafter on 15.1.2016,
contempt petition has been dismissed on the statement of the State
Counsel that the petitioner has been reinstated from his status of
suspension. Now the petitioner questions the order of the State
Government dated 14.1.2016 (Annexure P/7) by which while revoking the
order of suspension the petitioner has been transferred to Veterinary
Hospital, Orcha, District Narayanpur on the ground that the Appellate
Authority has no power to transfer while revoking the order of suspension
and relied upon the decision rendered by the Division Bench of High Court
of Madhya Pradesh in the matter of Kendriya Vidhyalaya Sangathan and
others v. Dr.R.K.Shastri and another1 and prayed that the impugned
transfer order to the extent of transferring him to Veterinary Hospital,
Orcha, District Narayanpur be set aside.