ANURAG GUPTA Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) In this writ application, the petitioner is challenging the order passed by the Election Commission of India, communicated vide order dated 01.04.2019, whereby the petitioner was forthwith divested from his present assignment and has been directed to report to the Resident Commissioner, Jharkhand Bhawan at New Delhi. Further a direction has been given that he will not be allowed any leave/duty to visit the State of Jharkhand till the completion of the election process. The consequential order dated 01.04.2019 issued by the Additional Secretary, Government of Jharkhand relieving the petitioner with a direction to join at Jharkhand Bhawan and report to the Resident Commissioner, Jharkhand Bhawan has also been challenged by the petitioner.

(2.) The brief facts of this case is that the petitioner is in the Indian Police Service and is an Officer of 1990 Batch, in the Jharkhand Cadre. He is holding the rank of Additional Director General and was posted as Additional Director General, Special Branch, Ranchi. A complaint was made against him in the year 2016, by one Yogendra Sao alleging that he while in office, indulged in electoral malpractices like influencing voters in the Rajya Sabha Elections, which was held in June 2016. A similar complaint was made by Babu Lal Marandi, President of Jharkhand Vikash Morcha (Progressive), another political party. On receipt of the said complaint, the Election Commission of India, directed the Chief Secretary of Jharkhand to initiate a departmental action under the service rules against the petitioner and also directed to initiate appropriate proceeding under the Prevention of Corruption Act and also under the Indian Penal Code. On receipt of such direction, a departmental proceeding has been initiated against the petitioner and also an FIR was registered being Jagannathpur Police Station Case No.154 of 2018. In the meantime, the Election to the 17th Lok Sabha was announced by the Election Commission of India on 10th March, 2019. On 28.03.2019, the General Secretary of a Political Party, namely, Jharkhand Mukti Morcha, wrote to the Chief Election Commissioner of India requesting to immediately transfer the Director General of Police of the State of Jharkhand and the petitioner who is the Additional Director General, Special Branch as they have remained for more than three years in the said post. It was also brought to the notice of the Election Commission of India, that this petitioner had indulged in unfair practices during the Rajya Sabha Elections of 2016. The said complaint was forwarded to the Election Commission of India vide letter dated 30.03.2019, by the Chief Election Officer-cum-Additional Chief Secretary, Jharkhand. On receipt of the said letter, the Election Commission of India issued the impugned order whereby the petitioner was divested from the present assignment and he was directed to report to the Resident Commissioner, Jharkhand Bhawan, New Delhi by 01.00 p.m. on 2nd April, 2019. Further, it was directed that he shall not be allowed any leave/duty to visit the State of Jharkhand till completion of the election process. On receipt of the said order, the State of Jharkhand issued the consequential order relieving the petitioner and directed him to report at Jharkhand Bhawan, New Delhi in the Office of the Resident Commissioner.

(3.) These two orders are under challenge in this writ application.