The State government is learnt to have been taking legal opinions on whether or not the Election Commission of India (ECI) can direct the state government to remove Deoghar DC Manjunath Bhajantri.
Government sources said that the opinion of the Advocate General is being taken and other legal and administrative channels are also being explored in this matter.
The ECI has directed the Jharkhand government to remove Bhajantri as DC of Deoghar with immediate effect and start disciplinary proceedings against the IAS officer.
ECI took the action based on the complaint lodged by BJP’s Godda MP Nishikant Dubey. The MP had alleged that the Deoghar district administration on the instruction of DC lodged five cases against him at different police stations on October 23 in connection with the Madhupur Assembly bye-election.
The MP said that DC with malafide intention ordered to lodge FIRs against him at five different police stations.
What came worse for Bhajantri is that ECI has directed the Jharkhand government that he must not be posted as DC or any other election duty without its permission. This will have serious ramifications on the career of Bhajantri who stands debarred from any posting as DC and election officer without the permission of ECI.
As per the order issued by Rahul Sharma, principal secretary to the ECI, the state government has been asked to issue him a charge memo within 15 days.
The ECI took a serious note of the matter that FIR was lodged more than five months after the by-poll was conducted. ECI objected that no permission was taken before lodging FIR. Dubey had contested this order and approached ECI on October 26.
When ECI issued a notice to Bhajantri, a 2011 batch IAS, he submitted his response on November 11. He cited norms under the Model Code of Conduct as well as some court judgments. But the Commission dismissed his reply and directed Jharkhand chief secretary to take action against him.