DR. S.A. ALI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this writ petition, petitioner seeks to question the departmental enquiry initiated against him by respondent No. 2 by issuance of charge?sheet dtd. 28/02/2005 (Annexure P/2) on the ground that he has refused to accept important communication dtd. 15/01/2005 sent by Tahsildar?cum?Returning Officer (Panchayat), Patan related to Panchayat Election held in the year 2004?2005 which is violative of Rules 1, 2 and 3 of Chhattisgarh Civil Services (Conduct) Rules, 1965 punishable under the Rules of Chhattisgarh Civil Services (Conduct) Rules, 1966.

(2.) The petitioner herein was working on the post of Block Medical Officer when he was served with the communication dtd. 15/01/2005 sent by Tahsildar? cum?Returning Officer (Panchayat), Patan seeking information of the employees working under him, which he refused to accept pursuant to which he was subjected to charge?sheet dtd. 28/02/2005 (Annexure P/2) which has been challenged by the petitioner on the ground that the District Election Officer has no power and jurisdiction to initiate departmental enquiry against him, as such, it deserves to be quashed.

(3.) Return has been filed by the respondents/State stating inter alia that the District Election Officer, being the Controlling Authority of the petitioner during the election, was duly authorized to take departmental action against the petitioner for misconduct committed by him during election duty, as such, the departmental enquiry initiated against the petitioner by respondent No. 2 is strictly in accordance with law.