CHETAN LAL THAKUR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition was filed before the M.P. State Administrative Tribunal, assailing the order dated 28.6.2000 Annexure A -6 of reversion of petitioner from the post of Revenue Inspector to the post of Patwari by the Settlement Officer, Ratlam. On abolition of the Tribunal, it is received to this Court for final adjudication.

(2.) IN the facts, petitioner was promoted as Revenue Inspector vide order dated 9.4.1984 passed by the Collector, District Durg while the order imposing penalty of reversion was passed by the settlement officer. It is contended that under rule 12(2)(3) of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter it be referred to as "Rules"), penalty of reversion cannot be inflicted by the authority subordinate to appointing authority; however, it is urged that the order impugned of reversion passed by the Settlement Officer, Ratlam is without jurisdiction, void ab initio, and liable to be quashed.

(3.) PER contra, respondents have filed their reply and to show the competence of the settlement officer, produced a copy of the order Annexure R -7 dated 18.4.1994, whereby the power of Collector Ratlam has been delegated to the settlement officer for the purpose or in exercise of the power under section 88 of the M.P. Land Revenue Code. It is also contended that the Collector Ratlam vide order dated 4.8.1994 Annexure R -8 has further delegated the powers vested on him under Chapter IX and XVIII of the M.P. Land Revenue Code. However, urged that settlement officer has rightly passed the order of reversion in exercise of the said powers and the action taken by him is within its competence. On merit it is stated that the petitioner was served with a charge -sheet for the alleged misconduct and after holding a regular departmental enquiry and after giving him due opportunity of hearing the order of reversion has rightly been passed; however, without indicating any procedural infirmity interference by this Court is beyond the scope of judicial review, prayer is made to dismiss the petition.