HARDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who is a Tehsildar was put under suspension by respondent No. 1 vide order dated 1.6.1989, Annexure P-2. He has come to this Court under Articles 226/227 of the Constitution of India for quashing the said order of suspension dated 1.6.1989, Annexure P-2 and order dated 25.7.1989, Annexure P-5 vide which chage-sheet was served upon him.

(2.) The background which led to the suspension of the petitioner is that the State Government had issued guidelines through Collector, Roop Nagar on 29.12.1988, copy Annexure P-1, not to register the sale deed below the price determined, as mentioned in the enclosed statement for various kinds of lands situated in different villages. The case of the petitioner now is that the said guidelines were the subject-matter of CWP No. 7360 of 1988, Chamkaur Singh v. State of Punjab. The Division Bench of this Court vide its order dated May 18, 1990 held that the instructions/guidelines issued vide Annexure P-1 are totally without jurisdiction and void. The authorities under the Indian Stamp Act as also under the Registration Act were directed to perform their duties in accordance with those statutes by ignoring the guidelines/instructions issued by the Collectors. Mr. Gopal Mahajan, learned Counsel for the petitioner contended that since the instructions/guidelines have been held to be without jurisdiction and void the suspension of the petitioner for violating the said instructions/guidelines cannot be allowed to stand.

(3.) On the other hand, the stand taken by the State is that the alleged lapses committed by the petitioner relate prior to the decision of the aforesaid writ petition and the petitioner was bound to follow the same. As the petitioner did not comply with the instructions, the State put him under suspension for violating the said instruction/guidelines.