RUPA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsels for the petitioners and the respondents.

(2.) The short point raised against the petitioner is that charge was in respect to creating Jamabandi in respect of two persons in Mutation Case No. 413/2003-04 and 2454/2003-04. It is alleged in the charge memo that said lands had earlier been acquired for National Highway. The petitioner had committed error in allowing mutation of the acquired lands in favour of two persons while he was posted as Revenue Karmchari.

(3.) The findings of the Enquiry Officer in order dtd. 16/7/2008 is that the Jamabandi in question has been created in the year 2003-04 whereas the petitioner had already been transferred from the place in the year 2002 itself. Since the Jamabandi has been created by his successor in office, therefore, it was concluded that wrong Jamabandi was not created during his posting as Revenue Karmchari. However, findings have been recorded in respect of creation of Jamabandi in favour of two other persons in respect of other lands and accordingly punishment has been awarded to the petitioner placing the petitioner in the minimum admissible grade pay which is a major punishment.