MEBALAL SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition has been filed challenging the orders dated 1.5.2014, 26.5.2014 and 23.5.2014 issued by the respondents withholding the pay of the petitioner for certain period and thereafter also inflicting minor penalty of stoppage of two increments without cumulative effect.

(2.) It is petitioner's contention that these orders are arbitrary and illegal, and therefore, deserves to be set aside. It is petitioner's contention that petitioner was working as Assistant Teacher in the School Education Department and was deputed for undergoing training in the District Institute of Education and Training (in short "DIET"). For this purpose, he was relieved on 19.8.2013 by the Principal of Government Higher Secondary School, Panihar, Gwalior. When petitioner was undergoing such training he was attached by Deputy District Election Officer vide order dated 9th April, 2014. It is petitioner's contention that this order of attachment of services of the petitioner for the purpose of elections was contrary to Government order contained in Annexure P/2 dated 27.10.2007. It is further submitted that prior to passing of this order, Collector, Gwalior, vide order dated 4.4.2014 had issued an order in which name of the petitioner appears at serial No. 3, as per which he was appointed as Polling Officer No. 2 for M.P. State Legislative Assembly 016 Booth No. 262, Team No. 129. According to the petitioner, he had submitted his joining in terms of order dated 9th April, 2014, Annexure P/3 vide Annexure P/4 and thereafter sent a communication that he has been given two responsibility, out of which one may be cancelled and he may be permitted to perform election duty. Such communication is Annexure P/6 on record. It is petitioner's contention that he had gone to conduct the election as per the directions contained in Annexure P/5 and thereafter order Annexure P/7 was passed on 1st May, 2014 declaring that petitioner was unauthorised absent from 12th April, 2014 to 30th April, 2014, therefore, his salary may not be drawn. It is also submitted that vide order dated 26th May, 2014 petitioner was relieved by the Deputy District Election Officer making a mention of the fact that he had not remained present in the election office till 26th May, 2014. Petitioner further submits that a show-cause notice, Annexure P/9, dated 1st May, 2014 was issued to him by the Collector as to why major penalty of stoppage of two increments with cumulative effect be not inflicted on him for violation of the provisions contained in Rule 3 of the M.P. Civil Services Conduct Rules, 1965 and also for violating the provisions contained in section 32 of the Representation of The People Act. 1950. It is submitted that he had furnished his reply on 9.5.14 as contained in Annexure P/10 yet punishment of stoppage of two increments without cumulative effect was inflicted on him vide Annexure P/11 dated 23rd May, 2014. All these acts are arbitrary, illegal and mala fide and have been performed without conducting any departmental enquiry. It is also submitted that he has been penalised twice; first by withholding the salary and secondly by inflicting minor penalty. It is also submitted that in fact after discharging the work of election on the due date i.e. 17th April, 2014 he had submitted his joining in DIET and was attending the DIET course.

(3.) Learned counsel for the State on the other hand submits that petitioner's conduct is not up-to the mark and he has been rightly inflicted with punishment of stoppage of two increments without cumulative effect. It is submitted that a complaint was received from one Shri Ram Bihari Rathore as has been enclosed by the respondents as Annexure R/1 which makes serious allegations against the petitioner showing that he was indulging in campaigning for a political party which was against the provisions of the Conduct Rules. It is also submitted that when such complaint was received, then order, Annexure P/3 was passed as per the orders of the Collector attaching the petitioner in the District Election Office at Gwalior. Thus, contention of the petitioner that there were two different orders is factually incorrect. Once petitioner was attached to the office of District Election Officer, then the order dated 4.4.2014, Annexure P/5 stood superseded. Further, petitioner had already submitted his joining in terms of such attachment order as petitioner has himself projected on 12.4.14 though this is a disputed fact inasmuch as there is no acknowledgement or receipt of so called joining. It is also submitted that petitioner had no authority to elect as to whether he is to be permitted to function as Election Officer/Polling Officer or is required to remain attach to the office of District Election Officer. In fact, petitioner did not report in the office of District Election Officer as a result communication, Annexure P/7, dated 1st May, 2014 was made by the Joint Collector and Deputy District Election Officer, Gwalior, not to disburse salary to the petitioner. It is further submitted that on completion of the election petitioner was relieved vide order Annexure P/8, which is neither illegal nor arbitrary. Thereafter, Collector, Gwalior, had issued a show-cause notice and in reply petitioner had not furnished any evidence to show that he had performed his duties properly and thereafter had submitted his joining in the DIET and apparently there was a violation of the provisions contained in Section 3 of the M.P. Civil Services Conduct Rules, 1965 which reads as under:-