HARSH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. Rafat Alam and Sudhir Agarwal, JJ. This writ petition is directed against the order dated 6-6-2006 passed by the Commissioner and Secretary, Board of Revenue, U. P. , Lucknow (respondent No. 2) placing the petitioner under suspension in a contemplated departmental proceeding.

(2.) SRI H. N. Shukla, learned Counsel for the petitioner contended that the petitioner has been placed under suspension on the allegation of allotment of 800 bighas of agricultural land in Village Rampur Shahpur, District Aligarh fraudulently to 231 persons by granting approval in back date ignoring the fact that the approval granted by the petitioner while working as Tehsildar was in exercise of his statutory powers under Sections 195 and 197 of the U. P. Z. A. and L. R. Act. He further submitted that the action of the petitioner being statutory exercise of power and if there was any illegality or irregularity in exercise of said power the statute provided remedy of appeal against such orders and, therefore, the disciplinary enquiry in such matters is not permissible. He further submitted that the aforesaid order of suspension has been passed on a complaint made with mala fide intention against the petitioner and therefore, the entire proceedings are vitiated in law.

(3.) THE aforesaid view has been followed in the case of Union of India and Ors. v. Upendra Singh, 1994 (3) SCC 357.