RAM PRASAD MALVIYA Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been filed challenging the action of respondent No. 3, bandobast Officer, Shajapur to initiate departmental inquiry against the petitioner by issuing a charge-sheet, Annexure A-1, dated 29-8-97. The consequential order of penalty, Annexure A-4, passed by Bandobast Officer, dated 17-9-98, has also been challenged as illegal and without jurisdiction. The appellate Authority has passed the order without taking note of the competency of the respondent No. 3 to pass the order, Annexure A-4. However, it is urged that the order, Annexure A-6, as passed by the Appellate Authority on 17-9-99 is also illegal and deserves to be quashed.

(2.) IT is the case of the petitioner that he has been appointed as revenue Inspector by the orders of the Collector of the district concerned. It is further a case of the petitioner that in M. P. Civil Services (Classification, control and Appeal) Rules, 1966, the Collector is the Authority Competent to impose all the penalty on Revenue Inspector. The Settlement Officer is having no power, either to initiate the disciplinary proceeding, by issuing charge-sheet or to pass the consequential order of inflicting the penalty, therefore, entire action since initiation of the departmental inquiry till passing of the order of penalty is illegal and without jurisdiction. It is further urged that the Appellate Authority has decided the appeal as per Annexure A-6, by order dated 17-9-99, without taking note of the aforesaid legal issue, therefore, the order, Annexure A-6, is also liable to be quashed.

(3.) PER contra, the Government has filed their return and it is set forth therein, that in exercise of the powers as conferred under Section 88 of the M. P. Land Revenue Code, 1959, the powers of the Collector have been delegated to the Settlement Officer vide notification, Annexure R-1, dated 23rd of June, 1993. In this notification the Collector, Dewas, has delegated the powers of the collector, Shajapur, which was amended by subsequent amendment dated 28-7-95, indicating the fact that in place of Dewas. it be read as Shajapur. It is further said that under Section 106 of the M. P. Land Revenue Code, Collector is competent to appoint, regulate and performance of the work of the Revenue inspector and such powers are vested with the Settlement Officer as per notification, Annexures R-1 and R-2. Bearing such powers as conferred to respondent No. 3 under the notification, Annexures R-1 and R-2, the action has rightly been taken against the petitioner, to initiate the departmental inquiry by issuing charge-sheet, Annexure A-1, and to pass the final order in the disciplinary proceeding as per Annexure A-4. In view of the above submissions, it is urged that the action of the respondent No. 3 since initiation of the charge-sheet till passing of the final order by inflicting penalty, Annexure A-4, has rightly been passed. It is further urged that the Appellate Authority has rightly rejected the appeal after due consideration of the facts as narrated in the appeal, therefore, the interference by this Court is not permissible under the law.