Vijay Krishna Mishra vs State of M.P.

R.S. Jha, J.—Heard Shri Shrikant Dubey, learned counsel for the petitioner on the question of admission and interim relief.

The petitioner has filed petition being aggrieved by the part of the order dated 7.5.2014 passed by the respondent no. 5 whereby while reinstating the petitioner and revoking his suspension he has been directed to be posted at Primary School, Lukampur, Sankul Rampur, Block Budhar, District Shahdol and not at his original place of posting at Middle School, Rasmonhini, District Shahdol.

The sole ground on which the petitioner has filed the present petition is that the impugned order shifting the petitioner from Middle School, Rasmonhini, District Shahdol to Primary School, Lukampur, Sankul Rampur, Block Budhar, District Shahdol on his reinstatement is contrary to the law laid down by the Division Bench of this Court in the case of Kendriya Vidyalaya Sangthan and Others Vs. Dr. R.K. Shahstri and Another, wherein the Division Bench of this Court has held as under :-

"Appellate Authority has no power while considering an appeal against an order of suspension or while revoking the suspension to direct transfer of an employee or making the revocation or suspension subject to the employee reporting at the place of transfer."

It is submitted that in view of the law laid down by the Division Bench of this Court in the aforesaid case, the impugned order dated 7.5.2014 by which the petitioner on his reinstatement has been transferred and posted from Middle School, Rasmonhini, District Shahdol to Primary School, Lukampur, Sankul Rampur, Block Budhar, District Shahdol deserves to be quashed and the petitioner also deserves to be reinstated and re-posted at Middle School, Rasmonhini, District Shahdol itself.

I have heard the learned counsel appearing for the petitioner.

From a perusal of the order passed by the Division Bench of this Court in the case of Dr. R.K. Shashtri (Supra) it is evident that the observations made by the Division Bench in paragraph 9.2 of the order relate to and were made in reference to the Appellate Authority exercising powers under Rule 27 of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 (hereinafter referred to as "CCA Rules") and not with reference to the Rule 9 (5). Quite apart from the above, in paragraph 11 of the aforesaid decision in the case of Dr. R.K. Shashtri (Supra), it has been held that after permitting an employee to join duties, he may be transferred on administrative considerations, if so required.

In W.P. No. 18038/2012 (S) decided on 31.10.2012, a learned single Judge of this Court has considered this aspect and stated that in such cases the order should be deemed to be one of reposting the petitioner at the same place and thereafter deemed transfer to the place of new posting as in most cases it is expedient and in the interest of administrative exigencies to post a reinstated employee at some other place.

Similar view has been taken by the learned single Judge of this Court in W.P. No. 16617/2012 decided on 10.10.2012 after considering the decision rendered in the case of Dr. R.K. Shashtri (Supra).

It is also pointed out that in the case of Dheer Singh Yadav Vs. State of Madhya Pradesh and Another, , by taking the aforesaid aspect into consideration a learned single Judge of this Court has distinguished the judgment in the case of Dr. R.K. Shashtri (Supra) on facts.

That part, it is also pertinent to note that a Division Bench of this Court in W.P. No. 5547/2001 decided on 6.3.2002 in the case of Union of India (UOI) and Others Vs. Shri Vilas Ramesh Chand Tarhate and Others, has held that revocation of an order of suspension does not confer a premium on the officer concerned to treat it as a privilege and put forth a claim as a matter of right to be retained at the place where he was posted.

Apparently, the decision in the case of Sri Vilas Ramesh Chand Tarhate (Supra) was not brought to the notice of the Division Bench which had decided the case of Dr. R.K. Shashtri (Supra).

What would be the impact of the aforesaid in view of the law laid down by the Full Bench of this Court in the case of Jabalpur Bus Operators Association and Others Vs. State of M.P. and Another, is not being taken up in the present case as it is informed at the bar that the decision in the case of Dr. R.K. Shashtri (Supra) has already been referred to a larger Bench and is pending decision.

In the instant case, the impugned order revoking suspension has not been passed by the Appellate Authority under Rule 27 of the CCA Rules but has been passed under Rule 9 (5)(d) of the CCA Rules by the same authority which had passed the order of suspension itself. It is also clear that the authority while revoking the suspension order took into consideration the impact of the petitioner''s reinstatement in the same place and thereafter arrived at an opinion that it would not be in the public interest or in the interest of the inquiry or in the interest of the administrative exigencies to reinstate the petitioner at the same place and has passed the impugned order dated 7.5.2014 reinstating the petitioner but posting him to Primary School, Lukampur, Sankul Rampur, Block Budhar, District Shahdol instead of Middle School, Rasmonhini, District Shahdol. It is, therefore, apparent that if the authorities would have been compelled to post the petitioner at Middle School, Rasmonhini, District Shahdol itself, it might not have revoked the order of suspension.

Be that as it may, in view of the serious allegations made against the petitioner regarding irregularities in executing the work of admission of a student in Class-XI and in other official duties entrusted to him and looking to the impact which his reinstatement at the same place would have on his fellow employees, I am of the considered opinion that similar orders passed by this court in W.P. No. 18038/2012 (S) decided on 31.10.2012 and in W.P. No. 16617/2012 decided on 10.10.2012 deserves to be passed in the present case.

Accordingly in terms of the orders passed in the aforesaid writ petitions, it is directed that the impugned order of revocation of suspension dated 7.5.2014 shall be deemed to be modified and it would be deemed that the petitioner has been reinstated at the place from where he was suspended and treating him to have been so reinstated, the respondents/authorities shall issue a fresh order transferring and relieving him for Primary School, Lukampur, Sankul Rampur, Block Budhar, District Shahdol instead of Middle School, Rasmonhini, District Shahdol and also take all consequential administrative action for permitting the petitioner to join on the transferred post, meaning thereby that it would not be necessary for the respondents to physically reinstate the petitioner in Primary School, Lukampur, Sankul Rampur, Block Budhar, District Shahdol but by passing appropriate orders on paper they may direct the petitioner to join on the transferred post at Primary School, Lukampur, Sankul Rampur, Block Budhar, District Shahdol.

With the aforesaid observations, the petition filed by the petitioner stands disposed of.

C.C. as per rules.