AMRESH SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal challenges the judgment dtd. 30/4/2019 passed by the Division Bench of the High Court of Madhya Pradesh Bench at Gwalior (hereinafter referred to as "Impugned Judgment") whereby the High Court allowed the Writ Appeal filed by the Respondents, reversing the Order of the learned Single Judge dtd. 26/4/2017, which quashed the chargesheet dtd. 29/4/2011 issued to the Appellant. As a result, the disciplinary proceedings and the chargesheet were revived.

(2.) Facts in instant case are that the Appellant was appointed as Naib Tehsildar on 15/6/1981 and was promoted to Tehsildar on 31/12/1991. Between July 1993 and September 1998, he was posted as Tehsildar in Gwalior district, where he performed various functions, including quasi-judicial duties. An application filed by Kuber Singh and Madho Singh, sons of Suraj Singh for settlement of land measuring 1.500 Hect. of survey no. 1123/Min-3 situated in Village Barua. After issuing notice, no objections were received. The gram panchayat was consulted and passed a resolution stating that the applicants were cultivating the land and had no objections to the settlement in their favour. Following the procedure as prescribed under the rules as also the statement of the Patwari, the said application was allowed subject to certain conditions. Appellant as a quasi-judicial authority passed a land settlement order dtd. 26/6/1997. The said order was not challenged and the same attained finality.

(3.) After a significant delay, a Show Cause Notice dtd. 21/9/2009 was issued to the Appellant by the Collector of District Gwalior. The notice alleged that the land settlement was granted to ineligible persons in an illegal manner, contrary to the rules. It further stated that the mutation order led to the land being sold, which originally vested in the State Government, causing undue benefit to the parties due to negligence and carelessness in duty.