CHANDRAMANI PRASAD PATWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order shall also govern disposal of Misc. Petition No. 328/83, Makarand Singh v. The Board of Revenue and Ors. and Misc. Petition No. 422/86, Kanta Prasad (deceased) through L. Rs. Bharat Bhushan and Ors. v. State of M. P. and Ors. .

(2.) IN all these cases, orders of removal or dismissal of patwaris were passed preceded by departmental enquiries held against them. The matters ultimately reached Board of Revenue either in second appeal or revisions at the instance of the patwaris. In all the cases, the Board of Revenue held that second appeal or revision filed before it were not maintainable, since orders of removal and dismissal had been passed under M. P. Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter called the 'classification Control Rules'), which could not be interfered by the Board of Revenue, being not orders passed under the M. P. Land Revenue Code, 1959 (hereinafter called the 'code' ). All these petitions under Articles 226/227 of the Constitution of India have been filed to quash the said orders of the Board of Revenue.

(3.) THE power to appoint a patwari is conferred on the Collector under Section 104 (2) of the Code. That power has been delegated by State Government notifications to S. D. O. as also to Record-of-rights Officer. By virtue of Section 16 of the M. P. General Clauses Act, the power to appoint includes the power to suspend or dismiss. Hence where a patwari is removed or dismissed, the source of power is the same, namely, Section 104 (2) of the Code. Such an order is therefore, an order under the Code. See Ramkishan Gaurishankar v. State of M. P. and Ors. , in 1977 MPLJ 183.