S.R. Kashyap vs State of C.G.

Nawal Kishore Agarwal, J.

With the consent of the parties, the matter is heard finally at motion stage. Challenge in the instant petition is to the order dated 21st October, 2013 (Annexure P-1) passed by the Collector and District Election Officer, Raigarh (respondent No. 5) suspending him under Rule 9 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (for short "CCA Rules").

According to Shri R.K. Kesharwani, learned Counsel for the petitioner, the petitioner''s substantive post is Forest Ranger and is holding post of Class II Gazetted Officer as per notification dated 7-7-1997 issued by the State of Madhya Pradesh (Annexure P-5), and therefore, his Disciplinary Authority would be Commissioner of the Division and not the Collector and thus, the order impugned passed by the Collector is without jurisdiction and deserves to be quashed.

On the other hand, Shri A.V. Shridhar, learned Counsel for the State, would submit: during the State Assembly Election- 2013, the petitioner was posted as Sector Officer in Sector-16, Baramkela under the Vidhan Sabha Constituency No. 17. Sarangarh and during that period, he was deemed to be on deputation under respondent Nos. 3 and 5. During the process of election, the petitioner was assigned certain duties which the petitioner has utterly and miserably failed to discharge, and therefore, certain show-cause notices have been issued to him by respondent No. 5 and ultimately, vide impugned order, the petitioner has been placed under suspension by respondent No. 5. According to respondents'' Counsel, since the petitioner was working with the State Election Commission, therefore, the Collector, being the District Election Officer, was Competent Authority to pass the impugned order of suspension in view of Rule 20(1) of the CCA Rules, which does not suffer from any infirmity or illegality and the petition deserves to be dismissed.

Having heard Counsel for the parties and having perused the paper book, in my opinion, the petition has no merit for the following reasons:--

(i) Indisputably, during the State Assembly Election - 2013, the petitioner was posted as Sector Officer by respondent No. 5. As per Section 28-A of the Representation of the People Act, 1951 (for short, "the Act of 1951"), the Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer and any other officer appointed under this Act for the conduct of any elections shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of the results of such election and accordingly, such officers shall, during that period, be subject to the control, superintendence and discipline of the Election Commission. In view of above provision, while engaged on election duty, the petitioner would be deemed to be on deputation under respondent Nos. 3 and 5.

(ii) Sub-rule (1) of Rule 20 of the CCA Rules reads thus:--

"(1) Where the services of a Government servant are lent by one department to another department or to the Union Government or to any other State Government or any authority subordinate thereto or to a local or other authority (hereinafter in the rule referred to as ''the borrowing authority''), the borrowing authority shall have the powers of the Appointing Authority for the purpose of placing such Government servant under suspension and of the Disciplinary Authority for the purpose of conducting a disciplinary proceeding against him:

Provided that the borrowing authority shall forthwith inform the authority which lent the services of the Government servant (hereinafter in this rule referred to as ''the lending authority'') of the circumstances leading to the order of suspension of such Government servant or the commencement of the disciplinary proceeding, as the case may be."

(iii) As per above Rule, the borrowing authority shall have the powers of the Appointing Authority for the purpose of placing Government servant under suspension. However, the borrowing authority is required to inform the authority, which lent the services of the Government servant, forthwith.

A bare perusal of the order impugned would reveal that the order has been passed by the District Collector not in the capacity of he being the District Collector but in the capacity of District Collector-cum-Election Officer (borrowing authority), within the meaning of Rule 20 of the CCA Rules and the borrowing authority has also informed regarding petitioner''s suspension to the authority, which lent the services of the Government servant. For the foregoing, the petition, being devoid of merit, is liable to be and is hereby dismissed.