JUDGEMENT
Rakesh Tiwari -
(1.) -Heard learned counsel for the parties and perused the record.
(2.) THE petitioner was appointed as a Registration Clerk in the office of the Sub-Registrar, vide order, dated 26.11.1984 passed by the District Registrar, Bijnor. At the relevant time, petitioner was posted in Sub-Registrar's Office, Nazibabad, district Bijnor. He was confirmed on the post of Registration Clerk, vide order, dated 11.1.1991.
A complaint was received alleging that the petitioner has interpolated and made manipulations in the sale deed executed by Shri Ami Khan, who had sold his property in favour of Shah Nawaz Khan and Smt. Shahin Kausar by means of a sale deed, registered on 10.4.1990.
A preliminary enquiry was made in respect of the aforesaid complaint and after a prima facie case was established, the petitioner was served with an order of suspension passed by the District Registrar, dated 13.3.1991. A representation dated 18.7.1991, was made by the petitioner against the preliminary enquiry to the Inspector General of Registration, U. P., Allahabad, inter alia, stating that the enquiry report, dated 5.7.1991, had been submitted without affording any opportunity to the petitioner. It was cancelled by the Inspector General of Registration, U. P., Allahabad and a fresh enquiry was directed to be made.
(3.) IN the fresh enquiry, one Shri Darshan Lal was appointed as INquiry Officer. After enquiry he submitted his enquiry report, dated 28.11.1991 and recommended reinstatement of the petitioner with full pay as charges levelled against the petitioner were not found to be established. Thereafter, some clarification was sought by the INquiry Officer from the petitioner, vide letter dated 27.3.1992, which were submitted by him and again an enquiry report was submitted on 4.5.1992 in favour of the petitioner by Shri Darshan Lal to the INspector General of Registration but no orders were passed and the petitioner was kept under suspension.
Aggrieved the petitioner filed a writ petition being Writ Petition No. 27873 of 1992 before this Hon'ble Court on the ground that inspite of the enquiry report having been given in his favour he was illegally being continued under suspension. This Court by judgment and order, dated 11.8.1992 directed the respondents to pass final orders within one month of the service of the copy of the order of this Court.;
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