ALOK KUMAR AGNIHOTRI Vs. STATE OF U P

JUDGEMENT

(1.) THE present writ petition has been filed for quashing of the impugned order dated 29.7.2013 passed by opposite party no.2 -Consolidation Commissioner, U.P. Lucknow, whereby the petitioner has been reverted back to the post of Assistant Consolidation Officer from the post of Consolidation Officer. It has been further prayed that a writ of mandamus may be issued directing the opposite parties to allow the petitioner to continue as Consolidation Officer and to pay him salary of the post of Consolidation Officer.

(2.) BRIEFLY stated facts of the case according to the petitioner, are that petitioner was appointed as Assistant Consolidation Officer in February, 1995 and was promoted as Consolidation Officer in the year 1997. The petitioner was posted in the office of the Consolidation Commissioner at Lucknow. While posted at village Sahjanman District Faizabad he decided Cases Nos. 129 to 135 in respect of which charges have been levelled against the petitioner. The petitioner was also placed under suspension vide order dated 3.4.2008 in contemplation of enquiry. Dr. Ashok Chandra, the Deputy Director Consolidation, Head Quarter, was appointed as Enquiry Officer.

(3.) IT is also noteworthy that the order dated 13.2.2007 was never challenged by any member of the Consolidation Committee, the Gram Sabha or by any other person holding that 'Khata' meaning thereby that the said order dated 13.2.2007 was acceptable to all the persons concerned. The charge sheet in respect of the alleged irregularities was served on the petitioner on 13.5.2008. The petitioner submitted detailed reply of the charge sheet, denying the charges levelled against him.