D.K. Nema vs State of M.P. and Others

Petitioner was suspended and after revocation of suspension, his place of posting has been changed.

Records indicate that while Petitioner was under suspension, he was posted under the office of Senior Agriculture Development Office, Patan. However, while revoking his suspension vide order dated 25-11-2010 (Annexure P-8), his place of posting has been changed and he is reinstated in a different office at Singrouli, instead of reinstating him in the place from which he has suspended.

Division Bench of this Court in the case of Kendriya Vidyalaya Sangthan and Others Vs. Dr. R.K. Shahstri and Another, has laid down the principle that on revocation of suspension, the employee cannot be transferred. It is held by the Division Bench that the employee has to be reinstated after revocation of suspension at the same place from which he was suspended. In the present case, Petitioner was suspended while working in Patan and now after revocation of suspension, he is posted in Singrouli, which is not permissible in view of law laid down by Division Bench of this Court in the case of Kendriya Vidyalaya Sangthan (supra).

Keeping in view the aforesaid, this petition is allowed. Impugned order (Annexure P-8), dated 25-11-2010, so far as it relates to posting of Petitioner at Singrouli on revocation of suspension is quashed and Respondents are directed to reinstate the Petitioner in the same place from which he was suspended.

Petition stands allowed and disposed of with the aforesaid.

Certified copy as per rules.