VIJAY JAMNIK Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) THE neat question that emanates for consideration is whether the District Election Officer (Local Election) is empowered under Rule 27 -A of the Chhattisgarh Panchayat Nirvachan Niyam, 1995 (for short 'the Niyam, 1995') to place officer(s) on deemed deputation under suspension and whether the officer assigned the duty in relation to an election (local) would be continued to be on such deemed deputation even after declaration of result of election?

(2.) THE facts shorn of unnecessary details requisite to judge the correctness of the impugned order are as under: - -

(3.) THE petitioner firstly filed reply to the departmental enquiry and also for revocation of suspension, finding no positive response, he has filed this writ petition questioning the order of suspension issued by respondent No. 2 and the charge -sheet followed by departmental enquiry on the ground that the District Election Officer (Local Election) has no jurisdiction and authority either to place him under suspension or to initiate departmental enquiry against him, as under Rule 27 -A of the Niyam, 1995, control, superintendence and discipline vests with the Commission i.e. the State Election Commission constituted under Article 243K of the Constitution of India. Therefore, the order of suspension followed by departmental enquiry deserves to be quashed.