KAMAL KANT SHRIWAS S/O JAGESHWAR PRASAD SHRIWAS Vs. STATE OF CHHATTISGARH THROUGH SECRETARY, TRIBAL AND SCHEDULE CASTE DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) The Challenge in the present writ petition is to the order Annexure P/1 dated 25.04.2019 passed by the respondent No. 2 Commissioner, Tribal & Schedule Caste Development Department, Raipur. Vide the said order, the petitioner has been placed under suspension for the same alleged misconduct.

(2.) Counsel for the petitioner, at the outset, submits that the action of suspending the petitioner in the midst of election code of conduct being in operation is per se illegal.

(3.) According to the petitioner, he was assigned the duties of an Assistant to the nodal officer for the on going parliamentary election and therefore for all practical purposes under the provision of Section 28 (A) of the Representation of People Act 1951, the services of the petitioner stand on deputation to the Election Commission of India and therefore any disciplinary action could have been taken only by the Election Commission of India. In the instant case the impugned order of suspension has been issued by the respondent No. 2, neither under the instructions of the Election Commission, nor has been issued by the office of the Election Commission in any manner.