Raja Nand Sharma vs State Of H.P. And Others
2021 Latest Caselaw 1070 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 724 of 2021 Decided on: 12.02.2021

.

    Raja Nand Sharma                   ......petitioner

                                            Versus





    State of H.P. and others            ...... respondents

........................................................................................... Coram

Ms. Jyotsna Rewal Dua, Vacation Judge.

Whether approved for reporting?1 For the petitioner : Mr. Prem Parkash Chauhan, Advocate.

For the respondents : Mr. Hemant Vaid, Mr. Arvind Sharma, Mr.

Himanshu Mishra, Additional Advocates General, Mr.Raju Ram Rahi & Mr. Amit Dhumal, Deputy Advocates General, for the respondents/State.

(through video conferencing)

Jyotsna Rewal Dua, Vacation Judge (Oral)

Notice. Mr. Hemant Vaid, learned Additional Advocate

General, appears and waives service of notice on behalf of the

respondents/State.

2. Heard learned counsel for the parties and gone

through the appended record.

Whether reporters of the local papers may be allowed to see the judgment?

3. With the consent of learned counsel for the parties, the

matter is being heard and disposed of without calling for the reply.

.

The challenge in the instant petition is to an office order dated

20.01.2021 (Annexure P­1) passed by the District Election officer

(Panchayat)­cum­Deputy Commissioner District Sirmour, H.P.

ordering suspension of the petitioner and fixing his headquarter

during the period of suspension at office of Deputy Director of

Higher Education, Sirmour at Nahan.

4. Petitioner was working as Senior Assistant at

Government Senior Secondary School Paonta Sahib, District

Sirmour. As per the documents appended with the petition, he

proceeded on 14 days commuted leave on Medical Grounds w.e.f.

4.01.2021 to 17.01.2021. It appears from the impugned order that

the petitioner was deployed as Electoral Officer during elections to

various Panchayati Raj Institutions in the respondent/State held in

January 2021. He did not attend the electoral duty on 15.01.2021

statedly assigned to him. Consequently in exercise of power under

Section 160 (E) of HP Panchayati Raj Act, 1994, the petitioner was

placed under suspension.

5. Learned counsel for the petitioner submits that the

petitioner was on medical leave w.e.f. 4.01.2021 to 17.01.2021. He

.

had joined on 18.01.2021. He had no prior information of any order

deploying him on Election Duty. In this regard, learned counsel for

the petitioner made reference to Annexure P­6 dated 27.01.2021,

addressed to the petitioner by Principal Government Senior

Secondary School, Paonta Sahib, District Sirmour to the effect that

"this office has not received any prior information or any order by the

Returning Officer cum Block Development Officer, Paonta Sahib,

District Sirmour, (H.P) for deploying/appointing you for Panchayati

Election Duty and any Rehearsal."

6. It is seen from the petition that a representation

against the impugned order has been preferred by the petitioner to

the District Electoral Officer on 22.01.2021 (Annexure P­4) for re­

considering the aforesaid suspension order. This representation is

stated to be pending at this stage.

Learned counsel further submitted that the petitioner

would be content in case respondent No.2/competent authority is

directed to decide his representation in accordance with law within

time bound manner and has further prayed that till the decision of

the representation, the headquarter of the petitioner be fixed at his

present place of posting i.e. Government Senior Secondary School

.

Paonta Sahib, District Sirmour H.P. instead of presently fixed office

of Deputy Director Higher Education, Sirmour at Nahan. In this

regard, learned counsel for the petitioner has relied upon following

G.I., M.H.A.O.M No.39/5/56­Ests. (A) dated 8th September, 1956:­

"An officer under suspension is regarded as subject to all other

conditions of service applicable generally to Government servants

and cannot leave the station without prior permission. As such the

headquarter of a Government servant should normally be assumed

to be his last place of duty. However, where an individual under

suspension requests for a change of headquarters, there is no

objection to a competent authority changing the headquarters if it is

satisfied that such a course will not put Government to any extra

expenditure like grant of travelling allowance, etc. or other

complications."

In view of the facts and circumstances of the case and

keeping in view the prayer made by learned counsel for the

petitioner, the instant petition is disposed of with a direction to

respondent No.2/competent authority to decide the representation

dated 22.01.2021 Annexure P­4, preferred by the petitioner within

one week from today. In the peculiar facts and cirucmstances of the

.

case and in view of instructions cited by the petitioner, till the

decision of the representation, the headquarter of the petitioner be

allowed at his last place of posting i.e. Government Senior

Secondary School Paonta Sahib, District Sirmour H.P. Liberty is

reserved to the petitioner to avail appropriate remedy in accordance

with law in case he still feels aggrieved by the order. Pending

application(s), if any, shall also stand disposed of.

Copy dasti.

Jyotsna Rewal Dua Vacation Judge

February 12, 2021 (rohit)