Dr. Renu Chauhan vs The State of Madhya Pradesh

Sujoy Paul, J.—Heard. Petitioner is aggrieved by the order dated 7.8.2013 to the extent the petitioner is posted at District Hospital Morena on revocation of suspension. The limited relief claimed by Shri Tomar, learned counsel for the petitioner, is that the petitioner who was suspended from Gwalior should have been reinstated at Gwalior. In support of his contention, he submits that the petitioner herself is suffering from certain ailment and her husband is suffering from cancer. The District Medical Board, Gwalior has recommended his case for proper treatment to GB Pant Hospital, New Delhi. On the basis of ailment of the husband, it is contended that the petitioner may be kept at Gwalior itself where the post is also lying vacant.

Prayer is opposed by the other side.

I have heard learned counsel for the petitioner and perused the record.

In the considered opinion of this Court, the petitioner has no legally enforceable right to remain posted at the same place from where she was placed under suspension. This view is taken by this Court in Dheer Singh Yadav Vs. State of Madhya Pradesh and Another, . In the light of aforesaid judgment, I am unable to hold that any legal, vested, constitutional or statutory right of the petitioner is infringed in reinstating her elsewhere. However, so far the petitioner''s personal grounds are concerned, it is gathered that the petitioner has already preferred representation before the respondent No. 2.

Considering the aforesaid, I am only inclined to direct the respondent No. 2 to consider this representation in accordance with law expeditiously, preferably within three weeks. The outcome shall be communicated to the petitioner. Petition is disposed of without expressing any opinion on the merits of the case.