(1.) THE petitioner, while working as Joint Sub-Registrar at Redhills, was served with charge memo dated 08.10.1993, on the allegations that the petitioner permitted improper levy of stamp duty and registration charges, which resulted in loss to the tune of Rs.2,16,589.60 (Rupees Two Lakhs Sixteen Thousand Five Hundred Eighty Nine and Paisa Sixty only) to the Government.
(2.) THE petitioner submits that charges are baseless and actuated by malafide. THE 4th respondent was appointed as enquiry officer to conduct enquiry and the petitioner was examined by the enquiry officer, wherein the petitioner proved that there was no loss to the Government.
(3.) THE case of the petitioner is that respondent no.4, who was the Inspector of Registration Officers, failed to pass any order on the Audit report. That 4th respondent Officer, being Officer responsible for passing final orders, in absence of exercise of his duty, could not hold the petitioner liable, as the Deputy Collector could take action on the specific orders, which were to be passed by respondent no.4. That as respondent no.4 is the superior Officer, therefore, he could not blame him in the enquiry proceedings.