BENIMADHAV Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution submitted by petitioner benimadhav s/o Brindaban Prasad of Gwalior for the issue of a writ of mandamus or certiorati against the State of Madhya Bharat and others.

(2.) THE petitioner was employed as a Patwari in Pargana Gird-Gwalior. There were certain complaints received by the Revenue Commissioner, Gwalior, against the petitioner. The Commissioner thereupon directed the Collector Gird by his letter dated 19-6-1953 to make inquiries regarding the conduct of the petitioner in making wrong entries in the village-records and in issuing wrong certificates regarding the entries in the Khasras. The Collector asked the Sub-Divisional Officer to make the inquiry who is his turn asked the Superintendent, Land Records to investigate the matter. The last mentioned Officer deputed Sardar Kanoongo to investigate. After the preliminary investigation, in which the petitioner was only partially afforded opportunity to take part a report was made regarding several irregularities said to have been committed by the petitioner. Thereupon on 18-953 the Collector on a recommendation of the Sub-Divisional Officer Gird-Gwalior ordered him to be suspended and a regular departmental inquiry was ordered to be held. He was accordingly handed over a charge-sheet containing twenty-eight charges against him on 28-9-1953 and was called upon to submit his explanation in respect of the same.

(3.) THE petitioner submitted his reply to these charges on 19-10-1953. The Deputy collector then on 5-11-1953 ordered on the spot inquiry to find out what was the substance in the defence set up by the petitioner. The Assistant Superintendent of land Records, Mr. Shevle then went to the village concerned in pursuance of this order. He found that fifteen out of these twenty-eight charges ought to be dropped. A final charge-sheet containing 13 charges was prepared and Mr. Shevle recommended that explanation ought to be called from the petitioner in respect of these finally settled charges and thereafter criminal proceedings might be started against him.