P. Sam Koshy, J.

The challenge in the present writ petition is to the charge-sheet dated 12.12.2018 passed by the respondent No. 2, the Divisional Commissioner, Division Raipu, District Raipur.

2. The solitary challenge to the said charge-sheet is incompetency of the officer who has issued the charge-sheet. According to the petitioner since the petitioner was initially appointed as an Assistant Returning Officer, he becomes an officer of the Election Commission. The notification for the election had already been published by the State Government on 06.10.2018 and till the election duties were completed the petitioner stood under the control, superintendence and discipline of the Election Commission. According to the petitioner during the said period it was to be considered as if the services of the petitioner is on deemed deputation to the election commission. In view of the same the petitioner contended that the State authorities during the said period could not have initiated disciplinary proceedings against the petitioner and thus prayed for the quashment of the charge-sheet only on this ground.

3. The State counsel on the other hand opposing the petition submits that since the period of misconduct committed by the petitioner was prior to the election programme being notified. It cannot be said that the State authorities were denuded of their power rather they had all the powers to initiate disciplinary proceedings and as such the petitioner would not be entitled for the protection that is there under Section 28 A of the' The Representation of People Act, 1951(in short, 'The Act of 1951').

4. The State counsel further submits that since charge sheet has been issued on 12.12.2018 and by that time the election programme had already been completed as on 12.12.2018 the results were also declared, it cannot be said that the State Govt. would not be competent to initiate disciplinary proceedings for the misconduct that the petitioner had committed and therefore, the petitioner would not be entitled for the protection under Section 28A of the Act, 1951.

5. Having heard the contention put forth on either side and perusal of the record particularly the contents of the documents enclosed with the writ petition what is not in dispute is the fact that the election programme for the Assembly elections for the State of the Chhattisgarh was notified on 6.10.2018. The impugned charge sheet in the present case has been issued during the election programe that is on 12.12.2018. The said charge sheet has been issued by the officer of the State Govt. that is Divisional Commissioner, Division Raipur, District Raipur. Now the issue left to be decided is whether the Divisional Commissioner at that relevant point of time was competent to issue the charge sheet to the petitioner.

6. Whether the election programme was complete or not, it would be relevant at this juncture to refer to Annexure P/1, notification dated 26.10.2018 issued by the Election Commission of India which clearly has mention 13.12.2018 to be the date by which the election programme shall be complete. If that be so, the charge sheet issued on 12.12.2018, as in the present case, would definitely be a charge sheet which has been issued during the election programme itself.

7. It is relevant at this juncture to refer to Section 28 (A) of the (The Act of 1951):

"28A. Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission- The returning officer, assistant returning officer, presiding officer, polling officer and any other officer appointed under this Part, and any police officer designated for the time being by the State Government, for the conduct of any election shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of the results of such election and accordingly, such officers shall, during that period,