RAMESHWAR ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) The subject matter of challenge in this writ petition are the orders issued by respondent No. 2. Those orders have been annexed as Annexures 7 and 9 to this writ petition.

(2.) The case of the petitioner is that on 29th Nov. 1994 on promotion he joined as Inspector General of Police, Patna Zone and he is continuing as such even today. The petitioner challenges the order of the Election Commission of India dated 24th Feb. 1995 and in paragraph 7 thereof it has been stated that the Commission, after careful consideration of the entire circumstances, documents and communications on record and after keeping in view all relevant factors, directed that the petitioner be immediately transferred and debarred from any election related work. Similar direction was also passed in respect of another Officer Mr. R.D. Subarno under the said order. This order has been given reasons for the direction it contains and has been annexed as Annex.-7 to the writ petition. The petitioner has also impugned another communication which is a fax message dated 28th Feb. 1985 issued by the Secretary, Election Commission of India, New Delhi conveying the displeasure of the Election Commission as there has been delay on the part of the State Government in carrying out the direction contained in the order dated 24th Feb., 1995. In the said fax message it is stated that out of the two Officers, the Commission has already received information about the compliance of its order dated 24th Feb., 1995 in respect of Sri R.D. Subarno. As the Commission did not receive any information in respect of the compliance of the said order dated 24th Feb., 1993 in regard to the writ petitioner, the said fax message was sent conveying the displeasure of the Election Commission about the delay. It is further communicated in the said fax message that any further delay will be most seriously viewed by the Commission as an infringement of the possibility of free and fair election.

(3.) It may be mentioned here that after receiving the said communication dated 24th Feb. 1993 (Annexure-7) the State Government sent a fax message dated 26th Feb., 1995 (Annexure-8) to the Secretary of the Election Commission of India, New Delhi to the effect that the direction relating to the transfer of the petitioner may kindly be reconsidered. It is thus clear from the fax message dated 28th Feb., 1993 (Annexure-9) issued by the Secretary of the Election Commission of India that the Commission is insisting on the transfer of the petitioner and has not possibly reconsidered its previous order dated 24th Feb., 1995 despite the fax message of the State Government dated 26th Feb., 1993 (Annexure-8).