S.R.Singh, J. - (1.) Heard Sri Virendra Kumar appearing for the petitioner and Sri B. D. Mandhyan, appearing for the respondents.
(2.) By means of the impugned order, the petitioner has been placed under suspension in contemplation of disciplinary enquiry in relation to the charges referred to herein. Sri Virendra Kumar, appearing for the petitioner, submits that the Impugned order of suspension is impaired on reasons, inter alia, that the charges referred to therein are vague and indefinite : and that the District Magistrate/District Election Officer (Panchayat), Jaunpur, had no disciplinary control over the Class 3 and Class 4 employees appointed on posts created by G.O, dated 27.8.1999 (Annexure-II) and assigned to election duty during Panchayat Election. The learned counsel placed credence on the Government order dated August 17. 1999, the text of which is that it is the Chief State Election Commission who will have the administrative control over 65 clerks and 65 peons which posts were created for the purpose of Panchayat Election. Sri B. D. Mandhyan took aid of Section 12BB of the U. P. Panchayat Raj Act, 1947, which embodies the provision that the superintendence, direction and control of the conduct of the election to the office of Pradhan, Up-Pradhan or a member of a Gram Panchayat shall be vested in the State Election Commission ; and subject to the superintendence, direction and control of the State Election Commission, the Mukhya Nirvachan Adhikari (Panchayat) shall supervise and perform all functions relating to the conduct of the election to the office of Pradhan, Up-Pradhan or a member of a Gram Panchayat in the State.
(3.) I have given my anxious considerations to the submissions made across the bar. The Government order dated 17.8.1999 reliance on which has been placed by the learned counsel for the petitioner, is abstracted below being germane to the adjudication of the controversy : ..(VERNACULAR MATTER OMMITED)..;