S R KASHYAP Vs. STATE OF C G

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally at motion stage. Challenge in the instant petition is to the order dated 21st October, 2013 (Annexure P-1) passed by the Collector and District Election Officer, Raigarh (respondent No. 5) suspending him under Rule 9 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (for short "CCA Rules").

(2.) According to Shri R.K. Kesharwani, learned Counsel for the petitioner, the petitioner's substantive post is Forest Ranger and is holding post of Class II Gazetted Officer as per notification dated 7-7-1997 issued by the State of Madhya Pradesh (Annexure P-5), and therefore, his Disciplinary Authority would be Commissioner of the Division and not the Collector and thus, the order impugned passed by the Collector is without jurisdiction and deserves to be quashed.

(3.) On the other hand, Shri A.V. Shridhar, learned Counsel for the State, would submit: during the State Assembly Election- 2013, the petitioner was posted as Sector Officer in Sector-16, Baramkela under the Vidhan Sabha Constituency No. 17. Sarangarh and during that period, he was deemed to be on deputation under respondent Nos. 3 and 5. During the process of election, the petitioner was assigned certain duties which the petitioner has utterly and miserably failed to discharge, and therefore, certain show-cause notices have been issued to him by respondent No. 5 and ultimately, vide impugned order, the petitioner has been placed under suspension by respondent No. 5. According to respondents' Counsel, since the petitioner was working with the State Election Commission, therefore, the Collector, being the District Election Officer, was Competent Authority to pass the impugned order of suspension in view of Rule 20(1) of the CCA Rules, which does not suffer from any infirmity or illegality and the petition deserves to be dismissed.