CHHUTAN LAL KALAWAT Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner is aggrieved by order dated 28/07/2009 (Annexure P/1) passed by Commissioner, Gwalior Division, Gwalior in appeal No.65/07-08, whereby the appeal filed by the present petitioner has been dismissed. The petitioner is further aggrieved by the order dated 24/10/2007 (Annexure P/2) passed by the Collector, District Ashoknagar whereby the appeal preferred by the petitioner against the order of SDO, Mungawali has been dismissed. The petitioner is basically disgruntled by the order 26/09/2006 (Annexure P/3) passed by the Sub-Divisional Officer Revenue, Mungawali, District Ashoknagar, whereby services of the petitioner has been terminated.

(2.) The brief facts leading to filing of this case are that petitioner while holding the post of Patwari was put under suspension in the pending departmental enquiry against him. Before his suspension, he was posted in Halka No.33 of Village- Beelakhera of Tahsil- Mungawali, District- Ashoknagar. Thereafter, the petitioner was served with the charge-sheet (Annexure P-5) enumerating therein eight charges. Main charge against the petitioner is that while, he was posted in Village Rampur Mohal, the petitioner certified possession in Khasra relating to Samvat 2055 and 2057 in column No.12 and recorded the name of one -Dharamveer and 16 other persons which was incorrect and extended the benefit of settlement of land in favour of ineligible persons. He also did not notify the certificates and put his own signatures on the notice, thereby not followed the procedure. Charge No.2 is in respect of Village Chamrai wherein it is alleged that in respect of land allotment case No.50A19/2002-3 Khasra of Samvat 2056-2058 in column No.12 in which the name of the applicant is not recorded whereas the petitioner by incorrect mode inserted the name of Raghuveer S/o Lal Sahab and 20 others and certified the same. No certificate was notified and nature of land was also not described. Charge No.3 relates to the Village- Beelkheri in case of land allotment No.50A-19/2002-03 Khasra Samvat 2057-2058 in column No.12 in which nobody name was recorded despite that, he certified the possession of certain ineligible persons and accordingly land allotment was made. Similar allegations have been levelled in respect of various others villages.

(3.) Respondent No.5-Radheyshyam Shrivastava, Tahsildar, Tahsil- Mungawali, District- Ashoknagar was appointed as Enquiry Officer to enquire into the charges against the petitioner. The petitioner objected the appointment of Enquiry Officer by filing application before Sub-Divisional Officer, Revenue, Mungawali who is disciplinary authority with the request to change the Enquiry Officer in order to provide fair trial to the petitioner. However, Enquiry Officer was not changed and the application remain pending. Enquiry Officer conducted enquiry against the petitioner without issuing notice and without giving him opportunity to cross-examine prosecution witnesses. Again, the petitioner moved an application before the disciplinary authority seeking change of Enquiry Officer on 21/08/2006 on the ground that respondent No.5 was earlier working along with the petitioner as Patwari in the same Tahsil and after his promotion and appointment as Tahsildar, he is having personal grudge and jealousy with the petitioner therefore, he did not expect justice from him. Enquiry Officer was never changed. The enquiry report was submitted on 17/07/2006.