AMIT KUMAR SINHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to the charge-sheet dated 30/10/2018 passed by the respondent No. 2, the Divisional Commissioner, Division Durg, District Durg.

(2.) The solitary challenge to the said charge-sheet is an incompetency of the officer who has issued the charge-sheet. According to the petitioner since the petitioner was initially appointed as an Assistant Electoral Registration 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')