DHARAM RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present petition is filed assailing the impugned order dated 27.08.2013, passed by Collector, Almora whereby petitioner was placed under suspension with immediate effect.

(2.) Perusal of the impugned order reveals that petitioner was posted as Patwari in Katarmal area, District Almora. He prepared form-11 for the purpose of undisputed mutation. Later on, it was found that mutation was not undisputed and petitioner has prepared form-11 wrongly. Tehsildar, Almora reported the matter to the Collector, Almora and Collector, Almora vide impugned order, placed the petitioner under suspension with immediate effect.

(3.) Mr. Nandan Arya, learned counsel for the petitioner submitted that first of all, preparation of form-11 for the purpose of undisputed mutation is not final. The person disputing the mutation can apply for mutation under Section 34 of the U.P. Land Revenue Act whereupon concerned Tehsildar after obtaining due process of law can pas appropriate order and entry made by the Patwari in form-11 shall cease to have any effect after mutation order is passed by the competent Tehsildar. Therefore, no prejudice can be caused any of the parties by preparing the form-11. Learned counsel for the petitioner further submitted that this is not a grave misconduct which can result into major penalty of dismissal, therefore, suspension was not desirable. Learned counsel for the petitioner further contended that suspension order should not be passed in a routine manner.