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.1This 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. 3The petitioner alleged the order was issued with oblique motives, citing a prior history of litigation regarding his transfer and work allotment.
Source reference: para. 2The 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. 3Issues
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 & 82. Whether the authorities have the legal mandate to call upon local authority servants to assist in census operations.
Source reference: para. 7Law Applied
The Court primarily applied the Census Act, 1948.
Source reference: para. 6Section 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. 6-7Persons so directed are legally bound to obey and are deemed public servants under the Indian Penal Code while performing such duties.
Source reference: para. 6Reasoning
The Court rejected the petitioner's argument that the order was an arbitrary administrative attachment.
Source reference: para. 5The 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. 7The 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. 8Holding
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. 10The 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. 7-8Acts & Sections Cited
3 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Original Court PDF
SURESH KUMAR NETAMvsSTATE OF CHHATTISGARH
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