NANDAN SINGH NAGNIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner is before this Court, being aggrieved by the order of the Uttarakhand Public Services Tribunal, whereby the Tribunal was pleased to dismiss the claim petition.

(2.) The facts, in a nutshell, are that petitioner was discharging the duties as the S.D.M./Assistant Collector 1st Class, Bazpur and decided a review case, bearing No. 22/94, instituted invoking the provisions of Sec. 229-B of the Z.A. and L.R. Act, in which the State Government was arrayed as defendant nos.9 and 10. The allegations are that, in the course of adjudicating the declaratory suit, the petitioner has declared the rights of the claimants therein, on the basis of adverse possession, and the land, over which such declaration was issued, was a revenue land belonging to the Government.

(3.) The learned counsel for the petitioner would contend that the Tribunal has failed to appreciate the fact that remedy on judicial side was available and in fact, an appeal has been preferred by the State and the same has been set aside; and in that view, no loss was suffered. The fact that a charge sheet was issued to the petitioner, and that the enquiry was conducted in accordance with the Rules are not in dispute. The only ground that is canvassed by the petitioner is that the petitioner was discharging duties as a Court and, being a Judge, he is entitled for protection.