The court affirmed that an employee cannot claim a current charge as a right and upheld the legality of the suspension for misconduct.

ORDER

Heard on the question of admission and also on interim relief.

2. By means of this petition filed under Article 226 of the Constitution of India , the petitioner is questioning the validity of order dated 16.12.2024 (Annexure-P/8) whereby the petitioner has been placed under suspension by respondent No.1.

3. The impugned order is being assailed mainly on the ground that it is illegal because the same has been passed just to overreach the order passed by this Court and also to harass the petitioner.

4. So as to decide the question of validity of the impugned order, it is apt to mention the necessary facts of the case in nut shell;

(4.1) The petitioner was initially appointed as Assistant Engineer on 16.08.2007 and working under the administration and control of the Superintendent Engineer of MPKVV Company Limited, Tikamgarh. Presently he is posted in District Sidhi and holding the current charge of the post of Executive Engineer.

(4.2) The petitioner after appointment i.e. 16.08.2007 till 16.08.2016 was sent on training and after completing the same was given regular charge of the post of Assistant Engineer.

(4.3) Vide order dated 11.11.2016, the petitioner was directed to be transferred from Sagar to Patan and further vide order dated 31.08.2018, he was transferred from Patan to district Shahdol.

(4.4) As has been mentioned in the petition, the petitioner was continuously transferred from one place to another despite the fact that he was facing several problems and having family liabilities.

(4.5) Again vide order dated 12.01.2021, the petitioner was transferred from Shahdol to Sidhi, which he has complied with, but again vide order dated 07.04.2022, he was transferred from Sidhi to Rewa.

(4.6) The said order was challenged by the petitioner by filing a petition i.e. W.P. No.8746 of 2022 before the High Court and the Court was pleased to stay the effect and operation of the order dated 07.04.2022, but later on the petitioner withdrew the said petition on 20.06.2022, complied with the transfer order and joined at Rewa.

(4.7) Again vide order dated 14.08.2023, the petitioner was transferred from Rewa to Sidhi and he had joined at Sidhi, but it was very shocking that within a period of one year, he has again been transferred from Sidhi to Sagar vide order dated 13.09.2024 (Annexure-P/1).

(4.8) The petitioner challenging the said order has filed a petition i.e. W.P. No.28133 of 2024, in which finally the order of transfer was quashed by the High Court vide order dated 30.09.2024 and direction was issued to the authority to allow the petitioner to perform duties at his present place of posting i.e. Sidhi.

(4.9) As mentioned in the petition, though the said petition was finally heard on 30.09.2024 and decided on the same day, but final order was uploaded in the official website of the High Court on 04.10.2024 and that order was sent by the petitioner to the office on 04.10.2024 at about 9:22 pm through e-mail. However, on the very next day i.e. on 05.10.2024, he received a certified copy of the order and submitted the same on 07.10.2024 before the authority because on 5/6.10.2024 office was closed.

(4.10) Although, the respondents have again issued an order dated 05.10.2024 (Annexure-P/5) shifting the petitioner from the office (O & M) Sidhi to the office of (Enforcement) Sidhi on current charge i.e. Executive Engineer, but this order has been officially communicated to him on 07.10.2024 at about 12:00 pm and on the very same day, one Brijesh Dwivedi was brought in his place. Therefore, the petitioner had claimed that despite quashing the order da