M.Y.EQBAL, J. - (1.) HEARD learned counsel appearing for the parties.
(2.) IN this writ petition, petitioner has prayed for issuance of an appropriate writ or an order for quashing the order dated 26.3.2004, as contained in Annexure -11 to the writ petition, whereby respondent No. 3, Deputy Chief Election Officer, Jharkhand, Ranch! has directed respondent No. 4, Deputy Commissioner, Seraikella -Kharsawan to continue respondent No. 5 on the post of Anchal Adhikari, Gamharia and also for quashing the letter No. 192, dated 26.3.2004 issued by respondent No. 4, directing respondent No. 5 to continue to work as Circle Officer, Gamharia as well as in the noticed area, Adityapur. Brief facts of the case are that the petitioner was transferred from the post of Anchal Adhikari, Nirsa in the district of Dhanbad to the post of Anchal Adhikari, Gamharia in the district of Seraikella -Khasawan by notification dated 27.12.2003. At the same time, respondent No. 5 was transferred from the post of Anchal Adhikari, Gamharia in the district of Seraikella - Kharsawan to the post of Anchal Adhikari, Gopikandar Anchal in the district of Dumka. In compliance of the notification, the petitioner is said to have handed over his charge to the post of Anchal Adhikari, Nirsa to his incumbent and submitted his joining at Gamharia. After submitting his joining, the petitioner requested respondent No. 5 to hand over charge to the post of Anchal Adhikari, Gamharia. Ultimately, the petitioner took charge to the post of Anchal Adhikari, Gamharia and requested the Deputy Secretary, Revenue and Land Reforms Department, Jharkhand, Ranchi for confirmation of his self -assumption of charge. In the meantime, vide letter dated 11.12.2003 general instruction was issued to all the Deputy Commissioners of the State because of the parliamentary election. Pursuant to that, respondent No. 3 directed respondent No. 4 to permit respondent No. 5 to continue against the post of Anchal Adhikari, Gamharia.
(3.) THE case of respondent No. 5, on the other hand, is that he was engaged in preparation of the electoral rolls and, therefore, respondent No. 4 sought for clarification from the Deputy Secretary, Revenue and Land Reforms Department and the Deputy Chief Election Officer. The Deputy Chief Election Officer vide impugned letter dated 29.1.2004 advised the Deputy Commissioner that as respondent No. 5 is working in Gamharia Anchal and engaged in relation to the election related important works, he be allowed to continue to do the same. It is contended by respondent No. 5 that he is holding the additional charge of Special Officer, Adityapur Notified Area Committee for the purpose of revision and correction of electoral rolls.;