Chhattisgarh High Court

Panchayat employees are legally bound to provide assistance for census work under the Census Act, 1948.

SURESH KUMAR NETAM vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 24, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, an Assistant Grade-III employee at Janpad Panchayat Nawagarh, challenged an order dated 09.04.2026 issued by the Collector-cum-Chief Census Officer, Bemetara.

Source reference: p.1

This order "attached" or deputed the petitioner to the Census Section of the Collector’s office for census work scheduled from 01.05.2026 to 30.05.2026.

Source reference: para. 3

The petitioner alleged the order was issued with oblique motives, citing a prior history of litigation regarding his transfer and work allotment.

Source reference: para. 2

The State contended the petitioner was not "attached" in a traditional administrative sense but was deputed for statutory duties under the Census Act, 1948.

Source reference: para. 3
02

Issues

1. Whether the deputation of a Panchayat employee to the Collector’s office for census duties constitutes an illegal "attachment" or is a valid exercise of statutory power.

Source reference: para. 2 & 8

2. Whether the authorities have the legal mandate to call upon local authority servants to assist in census operations.

Source reference: para. 7
03

Law Applied

The Court primarily applied the Census Act, 1948.

Source reference: para. 6

Section 7 explicitly empowers the District Magistrate (or designated authority) to call upon members, officers, and servants of local authorities, including Panchayats, to provide assistance for census operations.

Source reference: para. 6-7

Persons so directed are legally bound to obey and are deemed public servants under the Indian Penal Code while performing such duties.

Source reference: para. 6
04

Reasoning

The Court rejected the petitioner's argument that the order was an arbitrary administrative attachment.

Source reference: para. 5

The Court noted that Section 7(b) of the Census Act, 1948 specifically includes "officers and servants" of Panchayat authorities as personnel who can be requisitioned for census work.

Source reference: para. 7

The Court reasoned that because the census is a time-bound statutory activity governed by federal legislation, the petitioner’s deputation was a fulfillment of a legal obligation rather than a routine administrative transfer with "oblique motives".

Source reference: para. 8
05

Holding

The Court held that there was no merit in the petition as the deputation was strictly in accordance with the Census Act, 1948.

The petition was dismissed; however, the Court granted the petitioner liberty to pursue any pending administrative representations.

Source reference: para. 10

The Court affirmed that employees of local authorities are legally bound to comply with census duty orders issued under Section 7 of the Act.

Source reference: para. 7-8
Chhattisgarh High Court

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SURESH KUMAR NETAMvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 24, 2026

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