KALA BAI Vs. STATE OF M P

JUDGEMENT

(1.) This petition, which involves the question of competence of the Sub Divisional Officer to dismiss a Patwari from service has been referred to the Full Bench by order dated 8-4-2010.

(2.) The brief facts, leading to the filing of the petition, are to the effect that the Petitioner is the wife of one Fattelal Jharia who was appointed as Patwari on 31-7-1978 and at the relevant time was posted as Patwari in Kundam Tehsil, District Jabalpur.

(3.) A show-cause notice was issued to him alleging tampering of 'Rin Pustika' on 23-7-1999 to which a reply was filed by him, not being satisfied by which the Respondent No. 3 issued a charge-sheet to the Petitioner's husband on 11-8-1999, which was received by him on 23-9-1999. The Petitioner's husband submitted a reply to the charge-sheet on 6-12-1999. Thereafter, the Tehsildar Kundam was appointed as an Inquiry Officer for conducting the Departmental Enquiry against the Petitioner's husband and as many as 14 witnesses were examined therein. The enquiry report was submitted by the Tehsildar on 13-3-2000 pursuant to which order dated 4-4-2000 was issued by the Sub Divisional Officer dismissing the Petitioner's husband from service. The Petitioner's husband preferred an appeal against the impugned order before the Collector which was also dismissed by order dated 12-6-2000.