MALKHAN SINGH SENGAR Vs. STATE OF M P

JUDGEMENT

(1.) IN the present writ petition, petitioner assails the validity of the punishment order dated 30.1.2004 passed by the Commissioner, Revision Division, Indore. By the said order, minor penalty of withholding of two increments without cumulative effect was imposed upon the petitioner. The appeal preferred against the said order was of no avail and was rejected.

(2.) SIMILARLY , in Writ Petition (S) No. 1156/2004, petitioner is assailing the order dated 19.11.2003 again passed by the Commissioner, Revision Division, Indore. By the said order, minor penalty of withholding one increment without cumulative effect was imposed upon the petitioner. Learned counsel for petitioner submitted that appeal preferred against the said order was of no avail as the same was dismissed by the State Government.

(3.) LEARNED counsel for petitioner submitted that the penalty of withholding two increments were imposed upon the petitioner on account of mutation order passed by the petitioner in his capacity as Tehsildar while exercising the powers conferred under the M.P. Land Revenue Code, 1959. As such, petitioner ought not to have been visited with the penalty. Learned counsel for petitioner submitted that the petitioner has acted and passed the mutation orders on the basis of khasra entries maintained by the lower revenue authorities. Shri Sethi, learned counsel for petitioner, submitted that withholding of two increments without cumulative effect is, therefore, bad in law. It is further centended that the orders passed by the petitioner in his capacity as Tehsildar were appealable or revisable under the provisions of M.P. Land Revenue Code.