CHOTE LAL Vs. STATE

JUDGEMENT

(1.) The petitioner was appointed a permanent Patwari in the year 1937. On 6-11-1952 the applicant was suspended by Sri Kanhaiya Lal, Sub-Divisional Magistrate. In the year 1953 there were certain demand's made by Patwaris and as a consequence of non-fulfilment of those demands a large number of Patwaris tendered their resignations. The petitioner also gave his resignatipn on 4-2-1953. Before, however, the resignation could be accepted, the disciplinary proceedings which were pending against the applicant and on account of which he had been suspended by the order, dated 6-11-1952 terminated and on 30-5-1953 an order was passed by Sri Kanhaiya Lal, Sub-Divisional Magistrate dismissing the applicant from service. An appeal was filed before the District Magistrate against the aforesaid order of Sri Kanhaiya Lal. The appeal was heard by the Additional District Magistrate. On 12-9-1953 the Additional District Magistrate allowed the appeal, set aside the order of dismissal and sent back the case .to & Sub-Divisional Magistrate for proper inquiry according to rules. The matter after remand was pending before Sri Kanhaiya Lal, Sub-Divisional Magistrate, for some time and the petitioner thereafter applied to the Additional District Magistrate, for the transfer of the proceedings to some other Magistrate and the District Magistrate by his order, dated 16-2-1954 directed that the inquiry should be conducted by Sri. R. A. Jaffrey. The file was transferred from the Court of Sri' Kanhaiya Lal to that of Sri R A. Jaffrey. Sri Jaffrey after making thorough Inquiry into the matter found the applicant not guilty and exonerated him from the charges. He ordered that the applicant's dismissal Was illegal. He continued in service and should be re-instated forthwith. He further directed that the applicant should get his full pay for the period he remained under suspension, that is, from 6-11-1952 up to the date when the order was passed by him on 31-7-1954. Even after this- order was passed by the Magistrate directing his reinstatement Sri Kanhalya Lal on 28-8-1954 passed an order in the following terms :

(2.) The services of the applicant, therefore, were terminated by this order of 28-8-1954. The petitioner has filed the present petition under Article 226 of the Constitution challenging the aforesaid order of the Sub-Divisional Officer.

(3.) Notices were issued to the opposite-parties, the State of U.P. the District Magistrate of Jhansi and Sri Kanhaiya Lal, Sub-Divisional Magistrate. A counter affidavit has been filed, in which it is stated that the conduct of the applicant was very suspicious and he was liable to be dismissed. It is further stated in the counter affidavit that on 5-2-1953, the Land Reforms Commissioner had issued certain instructions the relevant portion of which is as follows: