- (1.) Heard learned counsel for petitioner and learned Standing counsel for respondents.
(2.) Petitioner was appointed as Lekhpal in the year 1982 by Sub Divisional Magistrate Rasoolabad, District Kanpur Dehat. He was promoted as Assistant Registrar Kanoongo, Kanpur Division in the year 1993 by District Magistrate, Kanpur Dehat. In April 1997, when petitioner was posted as Assistant Registrar Kanoongo in Tehsil Rasoolabad, Commissioner, Kanpur Division, received a complaint, alleging that illegal entry of 22 Bighas of Gram Sabha land has been made in revenue records in the names of Aquil Ahmad and his wife, without following procedure prescribed in Register R-6, known as Register Malikan, kept in custody of Registrar Kanoongo. Disputed land was plot no. 5120 area 5-0-0 and plot no. 5121, area 6-0-0 belonging to Gaon Sabha, Rasoolabad, Kanpur Dehat.
(3.) Under orders of Commissioner, Additional District Magistrate (Finance and Revenue) Kanpur City conducted a preliminary inquiry and submitted report that prima facie Shafeeq Ahmad, Kanoongo and Sri Ram Kishore, Lekhpal were guilty. Petitioner was held partial guilty for not keeping register R-6 in safe custody, enabling guilty persons to make bogus entry therein. Disciplinary authority, i.e. District Magistrate, Kanpur Dehat placed petitioner under suspension by order dated 10.7.1997. He was served with a chargesheet dated 29.5.1997 containing a single charge as under: "Despite non existence of any original file bearing case no. 292-A, Ruksana Begum Vs. Gaon Sabha, Rasoolabad decided, on 30.6.1994 and case no. 293-A, Aquil Ahmad Vs. Gaon Sabha Rasoolabad, decided on 30.6.1994, and despite order of Tehsildar cancelling the mutation, by way committing forgery in Register-6, you have entered name of Aquil Ahmad son of Asghar over the land bearing Gata No. 5120 area 5-0-0 Bigha, after Serial No.46, at page no. 252, and before serial no. 47 at Page no. 253, and by committing forgery in Register R-6, you entered name of Smt. Ruksana Begum wife of Aquil Ahmad over the land of Gata no. 5121, area 6-0-0 Bigha, before serial no. 22 at Page no. 256 and at serial no.23 of page no.255 by ante-dating the same to be on 10.7.95, wherefor you are squarely guilty." (English Translation by Court)";