RAJESH HENRY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since pleadings are complete and learned counsel for the parties are ready to argue the matter, therefore, on their joint request, it is heard finally.

(2.) This petition is under Article 226 of the Constitution of India questioning the validity of order dtd. 27/10/2023 (Annexure P/8) passed by the respondent No.1 shifting the petitioner from the post of State Level Flying Squad, Bhopal to the office of Excise Commissioner, Gwalior (Camp Bhopal) and in his place, respondent No.3 has been brought from the office of Excise Commissioner, Gwalior (Camp Bhopal). The impugned order has been assailed mainly on two counts: firstly that the impugned order passed by the respondent No.1 is without any competence and secondly, it is without jurisdiction, therefore, nullity and as such, liable to be quashed.

(3.) Counsel for the petitioner has submitted that the impugned order has been issued during the currency period of Model Code of Conduct because of election of Legislative Assembly. He has submitted that the said order can be issued only with the approval of Election Commission (for short, 'the Commission') but in the present case, letter was issued by the office of Chief Election Commissioner, Madhya Pradesh to the Additional Chief Secretary, State of M.P., Commercial Tax Department on 17/10/2023 (Annexure P/6) asking the authority to conduct an enquiry against the petitioner and submit a report before the Election Commissioner so as to remove the petitioner from the post of Incharge, State level Flying Squad, Bhopal. In pursuance to said letter, on 20/10/2023, a letter (Annexure P/7) was written by Dy. Secretary, Commercial Tax Department, State of M.P. to the Excise Commissioner, Gwalior saying that a letter making a complaint against the petitioner has been received by the office and, therefore, it is requested to conduct an enquiry and submit a report in this regard. A copy of complaint was also annexed with the said letter.