BAGH SINGH RAO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT writ petition has been filed challenging impugned order of suspension dated 25. 04. 2000 (Annx. 2) as also order dated 27. 05. 1999 (Annx. 4) passed by Special Secretary (Revenue) to the Government, by which certain directions had been issued in the matter.

(2.) SO far as order dated 27. 05. 1999 is concerned, it is only in respect of holding preliminary inquiry in respect of complained instances of conversion of agriculture land into commercial/residential plots. In view of Constitution Bench judgment of Hon'ble Supreme Court in case of Amlendu Ghose vs. District Traffic, Superintendant, North-Eastern Railway, Katiyar (1), a preliminary inquiry held in respect of a particular instance is for the purpose of finding a particular fact and, prima facie, to know as to who may be the person responsible for negligence/misconduct alleged. However, on the basis of findings of facts recorded in the preliminary inquiry, no order of punishment can be passed. Rather, if in view of result of the preliminary inquiry the competent authority is of the opinion that it require certain disciplinary proceedings against delinquent (s), a regular inquiry may be held under the rules applicable. Nonetheless, a preliminary inquiry can not be the basis for imposing any punishment upon delinquent (s) for misconduct.

(3.) THUS, in view of the above, the order impugned dated 27. 05. 2000 does not require any interference by this Court, as it was only for holding a preliminary enquiry.