- (1.) THE writ petition is directed against the orders dated March 15, 1985, March 22, 1985 and April 22, 1986. The said orders are quoted below : order dated 15/3/85 : "whereas after proper and long drawn enquiry and after allowing him sufficient scope for self-defence into the complaint made for tampering of document No. 5866 for 1981 scribed by him and registered ;at Sadat' Joint Sub-Registry Office midanapore, and having been satisfied that he is directly involved in this act of tampering, 1 am the granting authority, hereby cancelling the deed writing licence No. 1296 (Sadar)granted to Sri Dulal Chandra Mandal under the provision of sub-Rule (3) of Rule 20 of West Bengal Registration (Deed-Writers) Rules, 1982. " Order dated 22/3/85 : "with reference to his prayer dated 21/3/85 for reconsideration of cancellation of his licence, he is informed that on a full fledged enquiry conducted by District Sub-Registrar, Midnapore, on allegation of tampering in Deed No. 5866 of 1981 Registered in Sadar Joint Sub-Registry Office, Midnapore, he has been found guilty of directly being involved in the act of tampering. As such, his prayer cannot be considered at this stage:. If he feel aggrieved by order of District Registrar, he may appeal to the Inspector General of Registration, West Bengal, who has been informed of this action vide this office No: 1163 dated 16/3/85" order dated 22/4/86 : ". . . . . . . . . During hearing of this appeal it has been submitted by sri Mandal that he did never tamper the document and the. interpolation or overwriting appearing in the original document was not made by him. It is true that the authority came to a finding on the point at issue on comparison of the specimen writing of the appellant with the disputed writing appearing on the original Deed and on perusal of the evidence on record. Sri Mandal, dial never take any positive step to refer the matter to a hand writing expert for his opinion in order to substantiate his, contention at any stage during enquiry. I think it is too late for him to take up a plea like this in appeal. It was a departmental proceeding and it appears from the record that the enquiry was conducted on due compliance with the principles of natural justice. I am not, therefore, inclined to make any interference with the finding of the Disciplinary authority on a verbal submission that he was not involved in tampering the document. The incident of tampering of a document by The scribe in collusion with the employees in registration Offices cannot but be held to be a serious offence and the same cannot be lightly disposed of. It can definitely be said to be a case of serious misconduct on the part of Sri mandal as Deed-Writer. So, on consideration of the facts and circumstances appearing in this case and on careful perusal of the entire record, i do not find any merit calling for my interference with the order passed by the Disciplinary Authority. As a result, the appeal fails and the appellant is not entitled to any relief. It is, therefore, ordered that the appeal be and the same is hereby dismissed. The order passed by the Disciplinary authority is hereby confirmed The appeal is thus, disposed of. Let a copy of this judgment along with the case record be sent to the District Registrar, Midnapore. Let another copy of this judgment be sent, to District Registrar, Midnapore for delivery to Sri Mandal for his information.
(2.) THE facts of the case are, in brief, as follows : -
(3.) THE petitioner at the material time was a licensed Deed Writer at the office of Midnapore Sadar Registry, Midnapore and was working as Deed Writer in the month of November, 1981. As a Deed Writer, the writ petitioner wrote a Deed executed between purchaser namely, Ganesh chandra Bhowmick and there seller namely, Bishnu Pada Kar, Durga Pada kar, Balai Lal Kar of a plot of land demarcated in the Plan. The owner sold a portion of the land to the purchaser out of a large lot by dividing the plot. The execution" of the Deed was made on 23rd November, 1981 between the parties which was numbered as 5866 of 1981. After the writing of the Deed was over, the writ petitioner duly handed over the same to the party concerned and after that the said deed was duly placed for registration on the date mentioned above. After lapse of four years, the writ petitioner received a show cause notice dated February 6, 1985. The said show cause notice is set out below :- "whereas from the statement and deposition taken from the persons and employees concerned" and also from the verification of handwriting in respect of figures 2, 6, 7, 8 and 9 in Bengali found interpolated in the document No. 5866 for 1981, the original of which was written by you and figures got written by you before the District Registrar during investigation, it appears that you are directly involved in the act of tampering, you are called upon the explain why disciplinary action will not be taken against you for unlawful activity and criminal breach of trust. The explanation much reach the undersigned within 7 days from the date of receipt of this notice. Given under my hand and seal on this 5th day of February, 1985. ";