RAM KARAN DWIVEDI Vs. STATE OF M. P.

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has challenged his order of dismissal from service dated 12.12.2005 (Annexure P-15) and also the order dated 29.05.2006 (Annexure P-18), whereby the appeal preferred by him against the order of dismissal has been rejected.

(2.) Facts of the case as pleaded and relevant for the purpose are that the petitioner was posted as Patwari Halka No.36, Hanumana, district Rewa from July 1995 to January 1999. The Tehsildar, Hanumana vide order dated 27.11.1996 (Annexure P-1) issued direction to call for a detailed enquiry report from the Halka Patwari in case Nos.27/A-6-A/96-97 filed by Rameshwar Prasad and Raj Karan Pandey and case No. 28/A-6-A/96-97, filed by Uma Kant Tripathi with regard to the application filed under Section 115 and 116 of the M.P.L.R.C. for correction in column 3 of the khasra entries of the khasras mentioned in the applications. It is alleged that the petitioner after spot inspection and panchnama, submitted his report confirming the possession of applicants on the lands in question. The Tehsildar, Hanumana, after recording oral and documentary evidence and on the basis of the Patwari report, directed the petitioner for correction of the revenue records vide separate orders dated 02.08.1997, collectively annexed to the petition as (Annexure P-3).

(3.) A charge sheet dated 07.10.2003 was served to the petitioner under Rule 14 of the M.P. Civil Services (CCA) Rules, 1966 alleging that he acted against the rules and while being posted as Halka Patwari, Hanumana, furnished incorrect enquiry report with regard to the government land of village Sagra Khurd bearing khasra nos. 187/1, 104, 107, 108, 224, 227 in respect of revenue case Nos. 27/A-6-A/96- 97, 28/A-6-A/96-97, 29/A-6-A/96-97 and Khasra Nos. 442, 443, 455, 499, 500 and 539 of village Sigati in revenue case No. 30/A-6-A/96-97 and defrauded the State Government. It was alleged that on its basis, the Tehsildar, Hanumana vide various orders directed to correct the khasra entries resulting in settlement of government land in favour of private individuals.