ARVIND BALLABH CHAUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner is aggrieved by the order of suspension dated 13thth May 2013 (Annexure-1) passed under Rule 49 of the Civil Service (Classification, Control and Appeal) Rules, 1930, on the charges that the petitioner had passed the order of mutation as a Circle Officer, Govindpur, Dhanbad in respect of Gair Abad land bearing khata no. 16 and 08, plot nos. 621, 623, 626, 627, 628, 629 and 630 having total area of 4.00 acres, in Mutation Case No. 12812 (VI) / 2011-12 without proper inquiry or examination of the relevant facts going beyond his jurisdiction, which has resulted in loss of Government Land. The petitioner was alleged to have acted in contravention of the rules and negligent and indisciplined manner.

(3.) One M/s Credence Dealcom Pvt. Ltd had made an application for mutation in their name in respect of Mouza No. 174 of Bandhdih in respect of the aforesaid plots in question. It is contended by the petitioner that the Circle Amin submitted his inquiry report indicating that 1.63 acres of land of khata no. 16 were raiyati lands, while 2.37 acres were Gair Abad land. The petitioner made physical inspection of the plots and upon oral inquiry, came to know that the lands in question belong to Bhagirath Chourasia, Bajrang Chourasia, Bhagwan Chourasia, Rajaram Chourasia and Rajesh Chourasia. Gair Abad land was transferred to the Ancestor of the vendor in the year 1932 by a Registered Sale Deed. The petitioner being the Circle Officer, had the duty to rectify the entries in the Jamabandi numbers allotted to the tenants on the basis of the documents produced by the land owner. Reference has been made to the provisions of the Bihar Tenants Holding (Maintenance of Records) Act, 1973, now adopted by the State of Jharkhand as per which, the Circle Officer after following the procedure prescribed thereunder, such as after issuance of the general notice, inviting objections and giving reasonable opportunity to the parties to adduce evidence, and after hearing and disposing of the said objections, is empowered to pass orders as may be deemed necessary in a mutation proceeding within a specified period.