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An employee whose suspension has been revoked has no legal right to be posted and continued in the same place of posting on revocation of suspension: Chhattisgarh High Court

An employee whose suspension has been revoked has no legal right to be posted and continued in the same place of posting on the revocation of suspension, as he only has a lien on the post and not on the place of posting has been upheld by the High Court of Chhattisgarh through a single bench led by HON’BLE SHRI JUSTICE SANJAY S. AGARWAL in the case of Ashwani Kumar Mire v. State of Chhattisgarh (Writ Petition No. 250 of 2022).

Brief facts of the case are that the petitioner was earlier working as a Teacher (L.B.) and he was placed under suspension by order dated 08/06/2020 under Rule 9 of Chhattisgarh Civil Services   (Classification, Control and Appeal) Rules, 1966. After making a valid representation for the revocation of suspension, his suspension was revoked, but now he has been posted at Government Middle School, Kandabani, Block Pandariya, District Kabirdham and suspension allowance has been confined for the purpose of pension against which this writ petition has been preferred by him.

The Court relied on the judgements in the case of Asif Mohd. Khan v. State of Madhya   Pradesh and Ors. and the decision rendered in the case of Kendriya Vidyalaya Sangathan &   Others. v. Dr R.K. stated that “it cannot be a thumb rule that an employee whose suspension   has been revoked has a right to be posted and continued in the same place of posting on the revocation of suspension, as he only has a lien on the post and not on the place of posting.”

Thus, it has clearly been held by the Division Bench of this Court that an employee whose suspension has been revoked has no legal right to be posted and continued in the same place of posting on the revocation of suspension, as he only has a lien on the post and not on the place of posting. The competent authority has the jurisdiction to change the place of posting as per administrative exigency.

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Judgement Review by Akshat Jaithlia

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