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Jolt to DC, HC stays suspension of Dy DEO Kishtwar
3/23/2019 11:13:00 PM
Asif Iqbal Naik
Early Times Report

Kishtwar, Mar 23: In another setback to 'controversial' Deputy Commissioner Kishtwar Angrez Singh Rana, the High Court stayed the suspension order of Deputy District Election Officer Masood Ahmed Bichoo as same was issued in arbitrary and illegally while using the power of the Election Commission of India which is the gross violation from DC Kishtwar.
As per details available with Early Times in a petition SWP N0.546/2019 Dated 20-3-2019 filled by the petitioner Deputy DEO Kishtwar Masood Ahmed Bichoo against his illegal suspension which is beyond the jurisdiction and ambit of Deputy Commissioner Kishtwar through advocate Faheem Shokat Butt, Justice Tashi Rabstan stayed the impugned suspension order issued by DC Kishtwar vide No. DCK/PS/19/3950-58 dated 16-3-2019 and listed the case on 28-3-2019.
Advocate Faheem submitted before the High Court that petitioner was posted as Dy. DEO Kishtwar by the order of General Administrative Department, Government of Jammu and Kashmir and stated that suspension order of the petitioner issued by DC Kishtwar for dereliction of duties and assigning the charge of the same to Project Manager IWMP Kishtwar Kishore Singh (happens to be his (DC Kishtwar) relative) is beyond the jurisdiction of DC Kishtwar as he (DC) Kishtwar is incompetent to pass order of suspension of officials who are engaged in election related works.
Advocate Faheem while further arguing before the High Court vehemently submitted that under section 28-A of the representation of Peoples Act, 1951, the officer appointed for election related work are deemed to be on deputation with Election Commission of India till the elections are completed and result of such elections are declared added that as such the officer during that period are subjected to control, superintendence and disciplinary of Election Commission of India.
He stated that the District Election Officer (DC Kishtwar) has no disciplinary control over the said officials. After hearing the counsel of the petitioner and counsel for respondent Sr. AAG Advocate H A Siddiqui, Justice Tashi Rabistan stayed the operation of impugned order.
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