(1.) Constitutional validity of proviso to sub-section (1) and sub-section (1-A) of Section 178 of M.P. Land Revenue Code, 1959, is being challenged by this petition under Article 226 of the Constitution of India. Besides, the petitioners also seek quashment of order dated 14.9.2016 passed by Tahsildar in a proceeding under Section 178 of the Code 1959 and initiation of departmental enquiry against Respondent No.4 Tahsildar, Ashok Nagar.
(2.) So far as challenge to the order dated 14.9.2016 is concerned, it is not disputed at bar that the said order has been subjected to challenge before the Sub Divisional Officer. This fact is also borne out from paragraph 5.5 of the petition. In view whereof, since the petitioners have availed the remedy of appeal against the order dated 14.9.2016, we are not inclined to entertain the plea against the said order and leave the petitioners to pursue said remedy.
(3.) As regard to initiation of the departmental enquiry proceedings for major penalty under the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 against respondent No.4-Tahsildar Ashoknagar; the same is sought because of his passing the order dated 14.09.2016. The said relief also we are not inclined to entertain for the reason that the Tahsildar was exercising the jurisdiction vested in him under section 178 of the Code of 1959 on an application preferred by the respondents for partition. The Tahsildar thus was discharging his quasi judicial duties which cannot be termed as misconduct under M.P. Civil Services (Conduct) Rules, 1965 attracting any disciplinary proceeding. In view whereof, the relief sought for initiation of departmental enquiry proceedings against the Tahsildar Ashoknagar is also negatived at the outset.
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