W!@O7f .« ® THE HIGH COURT OF CHHATTISGARH AT BILASPUR IN Bftision 3mm WRIT APPEAL No. ”FVIL or 2010 Arising out of W.P. (S) No.’ 1195 of 2010 Dr. Minketan - APPELLANT V L W WRIT APPEAL UNDER SECTION 2 l1) OF THE CHHATTISGARH HIGH COURT ‘APPEAL TO DIVISION BENCHI ACT, 2006 W, PETITIONER Professor (Hindi), Kirodimal Govt. Arts & Sc1ence . College, Raigarh (C.G.) gfWW’W auf5i7n. €7_ Versus RESPONDENTS 1.4 State of Chhattisgarh, Through : The Secretary, Higher Education, D.K.S. Bhawan, Mantralaya, f Raipur (C.G.) 2./ 'The Commissioner, Higher Education, Govt. Science College Campus, Raipur (C.G.) . 3. V The Principal, y Govt. Kirodimal Arts &- Science College, Raigarh (C.G.) HIGH COURT OF' CHHATTISGAR AT BILASPUR ‘ z ' D. B: Hon’ble Hon’ble Shri Shri LM. Prashant Quddusi, Kumar Misha, Writ Appeal No. 72/2010 Appellant: Dr. Minketan Pradhan Vs. Respondents: State of Chhattisgarh and others Appearance: Mr. Gautam Bhadury, counsel for the appellant. Mr. Vinay Harit, Dy. Advocate General, with Mr. Ajit Singh, Panel Lawyer for the Statef respondents. Writ Apgeal under Section 2 [1] of the Chhatti§gh igg Court {Aggeal to Division Bench] Act, 2006 ORAL ORDER (06.05.2010) Per LM. QUDDUSI, J Heard. 2. This Wn't appeal has been Eed against the impugned order dated 22.03.2010 passed by the learned Single Judge in W.P (S). No. 1195/ 2O 10 dismissing the writ petition at te motion stage. The writ appellant has nled the said writ petition challenging the order dated 08.03.2010 (Annexum P—l to the writ petition) suspending the petitioner nom the Post of Professor in Hindi, Kirodimal Government Arts and Science College, Raigarh. i 4. The brief facts of the case are that a transfer order dated 30th dune, 2009 was issued transferring certain professors and Assistant Professors, in which one of the names was of N.K. ,_ H H h / 99% Pradhan Who was shown to be posted at Govt. Arts and Sciance Collcge, Rajgarh, as professor in Hindi, but in fact no such person was postsd there. The Principal of the College made correspondence seeking instructions with the Higher Authorities of the State and thereafter instructions came nom them that it should be Dr.Min_iketan Pra'dhan (writ appellant) and consequently he was relieved from his place of posting on 08.092009. Against which, the writ appellant made a representation, on which, his relieving order was cancelled vide order dated 17.09.2009. Thereafter, vide order dated 23.10.2009 the State Government clarified that due to clerical mistake in the order dated 30.06.2009, the name of N.K. Pradhan has been shown in place of M.K. Pradhan and it should be read as Dr. M.K. Pradhan (writ appellant), as such the mistake was corrected. In the meanh'me, the writ appellant was admitted in hospital and proceeded on leave w.e.f. 18.10.2009. Thereafter he was relieved on 24.10.2009 but he remained J.“ absent and sent application for leave as he was allegedly ill. He moved applicah'ons for extension of leave extended horn time to time. When he did 'not join at his new place of posn'ng, he was placed under suspension vide order dated 08.03.20 10 and still he is under suspension. 5. On the last date of healing, this Court made a query as to whether the petih'oner has become ht to join his duties. Learned Counsel for the appellant submits that he now he is ht to join his duties. I 6. We are of the opinion that since the writ appellant was suffering fIOm Viral hepah'tis, he could not join and now he is found et, therefom, he should be allowed to join pursuant to the impugned order of transfer at the transferred place and the State Government may take a decision regarding his period of suspension. It may be non'ced that since the appellant remained under suspension, there is no occasion to consider his leave applications and only the State Government has to consider whether the period of suspension be treated as has been on duty or not. That can only be done when the writ appellant joins his transferred place. 7; Therefore, we dispose of this writ appeal with a direction that in case the writ appellant joins at his new place of posting, he shall submit his medical ntness certificate before the Head of the Institution, which shall be accepted. The period of suspension till his joining be considered as on duty or otherwise shall be considered by the yState Government and appropriate decision shall be taken considering that whether the period of suspension be treated as spent on duty and any further disciplinary action is required in the matter or not. The suspension shall stand revoked from the date of joining of the writ appellant as we feel that in the impugned order of suspension it is not the ground that the suspension order is in contemplation of enquiry. t 8. Needless to mention that as the petitioner is fit to join his duties, he‘shall submit his joining within a period of one week from today. ,‘ / RaO/ 9. In View of the above, the impugned order dated 22.03.20 10 passed by the learned single judge stands modided to the above extent. r m Sd/- Sd/- r . M \ Prashant Kumar‘Mishra I.M.Quddusi Judge Judge 7,3