V.K.Shukla, J. - (1.) Petitioner has approached this Court, questioning the validity of decision dated 09.02.2007 (Annexure 7) taken by Assistant Record Officer, Mirzapur, placing the petitioner under suspension.
(2.) Brief background of the case is that petitioner has been performing and discharging duties as Survey Lekhpal at Tehsil Sadar (Chial), Allahabad. Petitioner has stated that his appointing authority is the Collector, who is also Record Officer of the district. It has been stated that one Ram Khelawan and Ram Murat son of Jagan Nath and others resident of village Kursad made complaint before the Assistant Record officer, Mirzapur that petitioner while working under survey Naib Tehsildar as Peshkar, on the basis of forged will in the name of Sarita Devi wife of Harish Chandra, Saroj Devi wife of Kavinder and Kalindi, Daughter of Ram Ji, mutated in place of his father and on the basis of the aforesaid complaint, the Assistant Record Officer by letter dated 27.10.2005 asked for an explanation from the petitioner within a period of 3 days, failing which disciplinary action would be taken against him. Petitioner sent a letter to the Assistant Record Officer, Mirzapur, requesting him to let him inspect the document dated 24.06.1998. Petitioner, however, submitted explanation on 03.12.2005 denying all the allegations. Thereafter impugned order has been passed, which is subject matter of challenge before this Court.
(3.) Counter affidavit has been filed, contending therein that petitioner was posted and working as survey Lekhpal in Survey Naib Tehsildar Circle No. 3, Chial, Allahabad, under the unit of Assistant Record officer, Mirzapur, and after suspension, petitioner has been attached in circle No. 1 Suevey Naib Tehsildar, Sadar, Mirzapur. It has been further stated that appointing authority of petitioner is Assistant Record Officer, Mirzapur, which is evident from letter of the Board of Revenue dated 11.02.1977. It has also been stated that petitioner had indulged in serious misconduct, wherein preliminary enquiry was conducted, and thereafter based on the same, order has been passed. It has been further stated that District Magistrate has distributed the work and Sri Shiv Singh was assigned the job of Assistant Record Officer, as such there is no infirmity in the view taken.;