Case Law Details
1. The petitioner is substantially holding the post of Deputy Managing Director, District Union, Surajpur. By order dated 3- 7-2015, he was also given the additional charge of Sub Divisional Officer (Forest), Pratappur on account of suspension of Shri R.B. Singh, the then Sub Divisional Officer (Forest), to which the petitioner joined on 3-7-2015. The order dated 3-7-2015 was passed by the Chief Conservator of Forests as a stopgap arrangement and since the appointing authority of Sub Divisional Officer (Forest) is the State Government, the State Government by its order dated 7-8- 2015 posted the petitioner on the post of SDO (Forest) also in addition to the post of Deputy Managing Director which he was already holding, with the approval of the Hon’ble Minister.
2. By order dated 8-10-2015, respondent No. 3 herein was posted as SDO (Forest), Pratappur with the approval of the Hon’ble Chief Minister.
3. Present petitioner has filed this writ petition stating inter alia that he is holding the post of SDO (Forest), Pratapppur on substantive basis by order dated 7-8-2015 therefore, respondent No. 3 could not have been appointed by the State Government without giving any posting to him.
4. Learned counsel for the petitioner would submit that without issuing any posting order of the petitioner within a short span of time as he was posted only by order dated 7-8-2015, passing of the order by the State Government posting respondent No.3 on the post of the petitioner i.e. SDO (Forest), Pratappur is unsustainable and bad in law.
5. Learned State counsel appearing for respondents No.1 and 2 and learned counsel appearing for respondent No.3 would submit that the petitioner’s substantive post is Deputy Managing Director, District Union, Surajpur and he was additionally given the charge of SDO (Forest), Forest Division Surajpur which is apparent from the fact that the petitioner is still drawing his salary and allowances from the District Forest Produce Co-operative Federation Limited, Surajpur up to the month of December, 2015 which is also apparent from Annexure R-3/1 and, therefore, the petitioner cannot hold two posts at a time. Thus, the order of the State Government posting respondent No. 3 on the post of SDO (Forest), Pratappur is in accordance with law.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
