JAGDAMBA PRASAD SINGH Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Shri S. K. Mishra appearing for the petitioner- appellant. Shri J.K. Tiwari, Standing Counsel appears for the State respondents.

(2.) THE petitioner-appellant-a confirmed Amin holding a regular post was dismissed from service three years before he was to retire on the charges, that he had wrongly calculated interest of Rs. 37,823.71 payable towards compensation for acquisition of land under the Land Acquisition Act to its owner. His appeal was dismissed after this Court issued a writ of mandamus to decide the matter. By this Special Appeal he has challenged the order of learned Single Judge dated 30.9.2008, and the orders of his dismissal dated 28.6.2001, by the District Magistrate, Jaunpur and the appellate order dated 19.8.2002 by the Commissioner, Varanasi under the UP. Government Servants (Punishment and Appeal) Rules, 1999.

(3.) ONE Shri Ram Dawar Yadav filed an application on 5.2.1998 on the basis of a power of attorney dated 29.5.1997, seeking further payment of Rs. 2,46,177.57 for acquisition of the same land. The amount was paid over to him in Execution Case No. 6 of 1996, on behalf of Shri Tilakdhari Prajapati on the basis of power of attorney. When the fraud was detected, a first information report was lodged by Shri Mohan Lal son of Tilakdhari Prajapati against Shri Ram Dawar Yadav; Shri Devi Prasad Upadhyay,SLAO office, Jaunpur; Shri Om Shanker Srivastava, Clerk in the office of SLAO on 8.11.1999 registering Case Crime No. 751 of 1999 under Sections 419, 420, 467, 468, 471, 218, 120B IPC Police Station Line Bazar, District Jaunpur. On the basis of the complaint, a preliminary enquiry was initiated by the District Magistrate and was conducted by the Sub Divisional Magistrate. The Sub Divisional Magistrate in his report dated 8.4.2000 found the allegations made against Shri Ram Dawar Yadav; Shri Om Shanker and Shri Devi Prasad Upadhyay,SLAO of interpolation of Execution Case No. 5 to 6 of 1996 in which the payment was given all over again to Shri Ram Dawar Yadav. The petitioner was not found involved in the fraud. In this report the Sub Divisional Magistrate also observed, to the effect that Shri Tilakdhari Prajapati the land owner in the main execution case was paid by a calculation mistake an excess amount towards interest. The petitioner-appellant had prepared a note of payment of enhanced compensation in which he had, instead of deducting Rs. 20,025.61 already paid to the land owner in the calculation of the amount on the rate fixed by the Additional District Judge, deducted the amount at the end of the calculation, by which some amount was paid to the original land owner in excess towards the interest.