J KRISHNAMURTY Vs. REVENUE DIVISIONAL OFFICER KURNOOL

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for the issue of a writ of certiorari to quash the order dated 25th May, 1958 of the 1st respondent, placing the petitioner under suspension for a term of one year, as affirmed by the 2nd respondent in his order dated 18th October, 1958.

(2.) The petitioner is the missal karnam of Nandikotkur village, Nandikotkur Taluk, Kurnool district. He had been holding the office for the last 12 years. On 25th May, 1958, the Revenue Divisional Officer, visited the village and in the course of his enquiries regarding the collection of revenue, he had reason to understand that there were large arrears and that the accumulation of the arrears was due to the failure of the petitioner to submit in time bakki-patti to the village munsif and generally not co-operating with the latter. He asked the petitioner a few questions as to whether the bakki-pattis were giveu or not. To those questions asked of him, the petitioner said that he did not give the bakki-pattis, but he was going along with the Reddy (presumably the village munsif) and telling the ryots the details of the revenue. As to the qustion regarding his alleged failure to go along with the village munsif, he said definitely that he was going with him every day, and that he would give the bakki-pattis within" four days i.e., by 29th May, 1958.

(3.) The 1st respondent would appear to have taken a statement of the Tahsildar ot Nandikotkur on the same day. That statement, however, would not appear to have been taken in the presence of the petitioner, nor any opportunity afforded to him for cross-examining the Tahsildar. After this enquiry the Revenue Divisional Officer passed an order on the same day. In it is stated that three specific charges had been framed against the karnam ; (i) that he did not give the bakki-patti for fasli 1367 till the date of enquiry ; (ii) that the Tahsildar directed him to give the bakki-patti before 5th May, 1958 and he disregarded the Tahsildar's orders: and (iii) he did not co-operate with the village munsif in the collection of land revenue. The Revenue Divisional Officer held that the karnam had admitted the failure to give the bakkipatti, that out of the total demand of Rs. 10,541-63 nP. only a sum of Rs. 4,133-38 nP. had been collected and that the accumulation of arrears was attributable to the remissness of the karnam and his disregard of the orders of the Tahsildar. The Revenue Divisional Officer therefore held that the charges had been proved and taking a serious notice of the derelictions stated to have been proved, he suspended the petitioner for a period of one year.