Chhattisgarh High Court
Administrative and Public LawEmployment and Labour Law

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
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 Court. LawLens
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
06

Acts & Sections Cited

3 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Chhattisgarh High Court

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SURESH KUMAR NETAMvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 24, 2026

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