MADAN MOHAN ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent preferred by the writ petitioner arises from the judgment and order dated 23rd June 2011 passed by the learned single Judge in CWJC No. 3324 of 2008.

(2.) The appellant was a Revenue Clerk. For certain mutation entries made by him during the years 1991/1992, the appellant was placed under suspension under order dated 10th November 2003 made by the District Magistrate, Purnia. A disciplinary proceeding was initiated against the appellant on 17th December 2003.

(3.) It appears that in the years 1991/1992, the appellant was posted as a Revenue Clark for the villages Thadhi and Maldiha under the Barhara Kothi Block, District- Purnia. In Settlement Case Nos. 126/1990-91 and 127/1990-91, under the order made by the Sub-divisional Officer, Purnia, 26.16 acres of surplus land was settled amongst 23 persons. It was alleged that the appellant, while making the revenue entries in respect of the 23 recipients, did not make corresponding mutation entry in the Khata of the original owner. On account of the mistake committed by the appellant, the land in question could not be distributed amongst the card holders which resulted into riot, murder and arson in village- Kasmara on 11th August 2003; and that the appellant was responsible for not issuing the rent receipts and that the appellant had acted in gross violation of the rules and the Government policy.