Yadav, J. -- 1. Union of lndia and its functionaries being aggrieved by the order passed by Central Adminsitrative Tribunal, Jabalpur, on 23.9.2011 in Original Application No. 628 of 2011 have preferred this petition under Article 227 of the Constitution of lndia.

2. Original Application at the instance of respondent No.1, Physical Education Teacher (F)-cum-Head Mistress, Girls House No.3, Jawahar Navodaya Vidyalaya, Ratibad, Bhopal, was directed against the order dated 4/06-07 -2011 whereby she was transferred from Ratibad to Nagda, district Ujjain-II (M.P.), upon revocation of her suspension.

3. The Tribunal placing reliance on the principle of law laid down in Kendriya Vidyalaya, Sangathan and others v. Dr. R.K.Shastri and another: 2005 (4) MPHT 352, quashed the order of transfer.

4. The principles of law laid down in Dr. R.K. Shastri (supra) are that:

"(i) when an employee is kept under suspension pending enquiry, he/she retains his/her lien over the post from which he/she is suspended;

(ii) the station of posting immidiately before suspension would be the headquarter vis-a-vis the suspended employee unless the Competent Authority changes the headquarter of the suspended employee in public interest;

(iii) any vacancy caused on account of suspension pending enquiry, is to be filed by a reservist and where a reservist is not available by officiating appointment; and

(iv) on revocation of suspension, the employee becomes entitled to report back to his place of posting from where he is suspended. And once he reports back to duty, the employer may, in exercise of power of transfer, transfer him/her."

5. Whether these principles are applicable in the case at hand depends on the given facts, which are that the respondent No.1 while holding the charge of House Mistress, Girls House No.3, Jawahar Navodaya Vidyalaya, Ratibad, Bhopal, was proceeded against for the negligent act resulting in death of a girl student of Class VIII Ku. Shivani Chauhan, on 22.4.2011. Students of House No.3, protested against the retention of petitioner as House Mistress. The petitioner and one Smt. Sulata Bhargava were placed under suspension in contemplation of a departmental enquiry by order dated 25.4.2011, their headquarter was fixed at Jawahar Navodaya Vidyalaya, Gandiya, Ujjain. On 27.6.2011, petitioner was charge sheeted. The charges levelled against her were that "while working as PET (F) at Jawaher Navodaya Vidyalaya, district Bhopal (M.P.) with effect from 1994 failed to maintain devotion to her duties and failed to take all possible steps to follow/implement the safety and security guidelines issued by the Samiti causing delay in providing medical treatment as a result of student of class VIII, Ku. Shivani Chauhan of Jawaher Navodaya Vidyalaya, Ratibad, district-Bhopal, expired on 22.4.2011 due to her ill health. This act on the part of Smt. Sangeeta Gurudev, PET (F) amounts to negligence of duty and negligence of duty and violation of Rule 3-1 (ii) of Central Civil Services (Conduct) Rules, 1964 by which disciplinary proceedings are contemplated against her."

6. Subsequently, by order dated 4-6/07/2011 the suspension was revoked. While revoking the suspension she was directed to be transferred to Jawahar Navodaya Vidyalaya, district Ujjain-II (M.P.). In pursuance whereof an office order dated 14.7.2011 whereby she was relieved from Jawahar Navodaya Vidyalaya, Ghadiya, Ujjain with a direction to report to Principal, Jawahar Navodaya Vidyalaya, Bhopal to get herself relieved to proceed on transfer to her new place of posting, i.e., Jawaher Navodaya Vidyalaya, Nagda : Ujjain-II was issued. Thereafter, by order dated 15.7.2011, petitioner was relieved from Bhopal to Ujjain-II.

7. Respondent successfully challenged the order of transfer before the Central Administrative Tribunal. The Tribunal by impugned order quashed the order of transfer, holding:

"7. No doubt judgment of the Hon'ble High Court of MP in the case of Dr. R.K. Shastri (supra) deals wit