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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS, J.
Dhiraj Kumar Arya S/o Late Sevak Ram Ajay – Petitioner
Versus
State of Chhattisgarh – Respondent
W.P. (S) Nos. 3050, 3300, 3526 of 2023
Decided On : 28-11-2023
Election Duty - Representation of Peoples Act, 1950 - Section 13(A), 13(AA), 13(B), 13(C), 13(CC) - The court upheld the power of the Election Commission to attach employees for election duty and to suspend employees for dereliction of duty. The court also emphasized the importance of electoral roll preparation for conducting free and fair elections, and the deputation of employees with the Election Commission.
Fact of the Case:
The petitioner, an Assistant Grade-III, challenged attachment and suspension orders issued for election duty. The State contended that the petitioner's services were required for the upcoming Assembly Election 2023, citing provisions of the Representation of Peoples Act, 1950.
Finding of the Court:
The court found that the attachment and suspension orders were justified as the petitioner's duty was essential for election purposes. The court also ruled that the Election Commission had the authority to attach and suspend employees for election duty.
Issues: The issues included the legality of the attachment and suspension orders, the authority of the Election Commission to attach and suspend employees, and the effective date of the suspension order.
Ratio Decidendi: The court held that the attachment and suspension orders were legal and justified, emphasizing the importance of electoral roll preparation for conducting free and fair elections. The court also cited the power of the Election Commission to attach and suspend employees for election duty.
Final Decision: The court dismissed the petitions challenging the attachment and suspension orders, vacated the interim order, and rejected the application under Section 340 read with Section 195 of the Cr.P.C.
JUDGMENT :
NARENDRA KUMAR VYAS, J.
1. Since the common facts and law are involved in these three writ petitions, they have been heard analogously and are being decided by this common order.
W.P. (S) No. 3050 of 2023 filed on 05.05.2023
2. The brief facts as reflected in W.P. (S) No. 3050 of 2023 are that the petitioner who is working as Assistant Grade-III and posted at Office of Block Education Officer, Korba vide order dated 17.02.2023 has challenged the attachment order dated 02.05.2023 and 04.05.2023 (Annexure P/1) by which the petitioner has been attached in the Office of Collector-cum-District Election Officer, Korba mainly contending that the Government has totally banned the attachment of Government servant vide order dated 04.06.2001 and in the garb of coming election for State Assembly, the impugned order attaching the petitioner vide order dated 02.05.2023 & 04.05.2023 has been issued. It has also been contended that respondent No. 4, Collector and Deputy Election Officer has no authority to issue attachment order and has prayed for quashing of order dated 02.05.2023 & 04.05.2023 (Annexure P/1).
3. The respondents/State have filed their return in W.P. (S) No. 3050 of 2023 mainly contending that the petitioner’s services were taken by election duty for upcoming Assembly Election 2023. The Commission has power to deploy the State employees accordance to their convenience for conducting the election. To substantiate this submission, the State has relief upon Section 13 (A), 13(AA), 13(B), 13(C) and Section 13(CC) of Representation of Peoples Act, 1950 (for short “the Act, 1950”). It has also been contended that any officer or employee employed in connection with the preparation, revision and correction of electoral rules, will be deemed to be on deputation with the Election Commission during which the period they are so employed. It has also been contended that the Chief Election Officer, Raipur has issued order dated 13.03.2023 to the Collector, District Korba for preparation of electoral roll for commencing election of the year 2023-24 and as per direction of Chief Election Officer, Raipur, respondent No. 3 directed respondent No. 4 to prepare list of employees for working in the Korba District for attaching them in Election Work in Korba, accordingly, a numbers of employees mentioned in the list dated 29.03.2023, order dated 08.02.2023, 17.04.2023, 04.05.2023, 09.05.2023, 24.05.2023, 30.05.2023, 01.06.2023, 12.06.2023, 08.06.2023 (Annexure R/2) along with the petitioner was issued for discharging election duty. As such, in light of the orders, the petitioner was attached in the office of Election Officer, Korba where he joined services on 17.05.2023 thereafter without any leave application, he has not resumed duty. It has also been contended that after stay of suspension order dated 29.05.2023 passed in W.P. (S) No. 3526 of 2023, the District Election Officer sent a letter on 17.05.2023 to the petitioner to join duty, but he has not joined the place of posting. It has been contended that the petitioner is not entitled to get any relief and would pray for dismissal for the writ petition.
4. This Court vide order dated 25.08.2023 has directed the State to file affidavit of District Election Officer indicating what steps were taken by them to communicate the suspension order and under what circumstances they have forwarded the suspension order to the District Education Officer for onward communication to the petitioner.
5. In compliance of the order, the District Education Officer has filed an affidavit on 28.08.2023 narrating the factual matrix mainly contending that the Block Education Officer vide its memo dated 08.05.2023 has informed the Deputy Election Officer that in pursuance of order dated 04.05.2023, the petitioner has already been relieved for joining District Election Officer, Korba. It has also been mentioned that vide letter dated 04.05.2023, he has also prayed for medical leave. The Deputy Election Officer vide
Suspension by election authority valid for dereliction despite additional duties; no prior hearing required under CCA Rule 31.
Suspension order - Disciplinary authority could have recorded its satisfaction while passing order of suspension against an employee of State Government - It is evident that order does not contain sa....
An elected representative cannot be placed under suspension in a routine manner and the government must satisfy itself that the charges are of a grave nature and that the continuation of the incumben....
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
Charge-sheets should not be quashed at the initial stage and suspension should not be made in a perfunctory or routine manner. The competent authority should examine the charge-sheets and take a deci....
suspension must be a step in aid to the ultimate result of the investigation or inquiry. The authority also should keep in mind public interest of the impact of the delinquent’s continuance in office....
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