NAZEER AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a petition for issuing a writ of certiorari quashing the impugned charge-sheet dated 22/25.1.2005 as contained in Annexure 9-A to the writ petition and the suspension order of the same date as contained in Annexure 10-A to the writ petition.

(2.) The impugned charge-sheet has been served on the petitioner along with the impugned suspension order and the petitioner who was posted in Lucknow office of the Competent Authority, Urban Land Ceiling has been attached with the office of the Urban Land Ceiling in Aligarh because the inquiry officer is at Aligarh. The case of the petitioner is that the Additional District Magistrate/ Competent Authority, Urban Land Ceiling opposite party No. 3 have no jurisdiction to issue the charge-sheet as the power to issue the charge-sheet is vested with the Addl. District Magistrate (Land Acquisition) namely, Shri S.M.A. Rizvi.

(3.) A perusal of the impugned charge-sheet goes to show that there are two charges against the petitioner. The first charge is that file No. 8017/2194 of Shri Ganeshi resident of Takrohi, Lucknow relating to the declaration of his land being surplus was received by the petitioner on 24.9.2002 and in stead of moving the file for further proceedings, he concealed the fact for a period of two years and did not make it available upto the date of charge. The petitioner is also charged for his conduct in obtaining the letters from the land holder directly and place before the competent authority on 30.12.2003. Petitioner is also charged that he made the copies of the public office record available to the land holder and got obtained a complaint against the office of the Urban Land Ceiling before the Chief Minister by disclosing the secret notings of the proceeding. He submitted his explanation directly to the Special Secretary. The second charge against the petitioner is that he sent incorrect information to the Government with regard to the plot No. 260 situated in village Takrohi, Lucknow which was declared surplus and the possession of which was also taken.