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W.P No.7650/2010 (S)
23.06.2010
Shri Sanjay K. Agrawal learned counsel for the petitioner.
Ms. J. Aiyer, learned Panel Lawyer, for the
respondent/State.
Heard on the question of admission and interim relief.
The petitioner, who is an Assistant Grade-II in the office of
Chief Medical and Health Officer, Shahdol, has filed this petition
being aggrieved by order dated 3.6.2010 by which he has been
placed under suspension and his Headquarter has been fixed at
the Office of Chief Medical and Health Officer, Singrouli.
Admittedly, the petitioner has filed an appeal before the
Commissioner, Health Services, which is pending decision.
In the circumstances, as the petitioner has already availed of
the alternative efficacious statutory remedy available to him, no
ground for entertaining the present petition is made out. The
petition, filed by the petitioner, is disposed of with a direction that
the Appellate Authority shall decide the appeal filed by the
petitioner expeditiously, in accordance with law, preferably within a
period of two months from the date of furnishing a copy of the order
passed today alongwith copy of the petition on the said authority.
The learned counsel for the petitioner submits that the
petitioner is a Class-III employee and fixing of his Headquarter at
Singrouli, in the facts and circumstances of the case, is
unwarranted as the petitioner undertakes to render all assistance in
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conduction of the departmental proceedings initiated against him
and as the facts and documents relating to the allegations against
the petitioner are already with the respondent authorities, they
cannot be tampered with by the petitioner.
In such circumstances, till decision of the petitioner’s appeal,
it is directed that the operation of the impugned order of suspension
as far as it relates to fixing his Headquarter at Singrouli is
concerned, shall remain stayed.
With the aforesaid direction the petition stands disposed of.
C.C as per rules.
( R. S. JHA )
JUDGE
mms/-