GOVERNOR Vs. C L BAVALIA

JUDGEMENT

(1.) THE petitioners have challenged the order dated 23. 04. 2007 passed by the Central Administrative Tribunal, Principal Bench, Delhi (The tribunal) in O. A. No. 1366/2006 whereby the aforesaid original application filed by the respondent was partly allowed. The order imposing penalty of compulsory retirement upon the respondent was set aside. The petitioners were directed to reinstate the respondent in service, however, with consequential benefits as per Fundamental Rules the petitioners were also given liberty to proceed further against the respondent from the stage of drawl of Inquiry report.

(2.) WE may note a few relevant facts at this stage. In Civil Writ No. 245/1992 filed by one Sh. Ram Chander and Ors (hereinafter referred to as "the said writ petitioners") against Delhi Administration and Anr. , this court on 14. 08. 2001 passed an order holding that in case the said writ petitioners are in possession of the land in dispute, the possession of the persons in cultivation at the spot should be recorded as per the provisions of the Delhi land Reforms Act and the Rules framed thereunder. The said writ petitioners were granted liberty to approach the Revenue Authority for appropriate relief. It was directed that if they are found to be in actual possession of the land, the Revenue Authorities will take appropriate action to record their possession in revenue records. The said writ petition was disposed off with the aforesaid direction.

(3.) FOLLOWING the said direction the said writ petitioners filed an application on 03. 09. 2001 before the Tehsildar (Nazafgarh) requesting him to record their cultivatory possession in the revenue records. The respondent sh. C. L. Bavalia then Tehsildar (Nazafgarh) placed the matter before the sdm/ra (Nazafgarh) along with his note dated 05. 11. 2001. The SDM/ra (Nazafgarh) then issued directions, that as per the decision of the High Court aforesaid, Khasra Girdawari be recorded after following the appropriate rules "i. e. issuing P-5. " It was further directed that objections from the Gaon sabha be also called and be taken into account.