- (1.) THE petitioner who was serving as a Patwari under the Department of Revenue, State of Punjab has filed the instant writ petition impugning the order dated 04.05.2009 (Annexure P -17) passed by the Financial Commissioner and Secretary, Department of Revenue, Punjab (respondent No.1) whereby he has been dismissed from service.
(2.) FACTS emanating from the pleadings on record are that the petitioner while serving as Patwari in the Revenue Department was posted in Village Bagrian on 27.08.2001 and remain posted as Halqa Patwari upto 07.07.2002. On 08.07.2002, Baljeet Singh, respondent No.5 took over as Patwari, Halqa Bagrian. On the very next day i.e. on 09.07.2002, respondent No.5 made a complaint against the petitioner to the Tehsildar alleging that the petitioner had committed certain irregularities by making wrong entries in the Jamabandis for the years 1996 -97. A preliminary inquiry was marked to the Field Kanungo, Amargarh who furnished a report on 27.08.2002 stating that Jamabandis for the years 1996 -97 were prepared by Baljeet Singh, Patwari and after that Jarnail Singh Patwari, Baljeet Singh Patwari and Jagjiwan Singh Patwari (present petitioner) had been posted in the circle and thereafter again Baljeet Singh had been posted as Patwari. The Field Kanungo, accordingly, opined that as regards cuttings in the Jamabandis, the inquiry requires to be conducted against all the Patwaris and not against Jagjiwan Singh (present petitioner) alone. However, vide memo dated 15.01.2003, the petitioner was charge sheeted under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter to be referred as "the 1970 Rules"). Essentially, the charge levelled against the petitioner was with regard to making wrong entries in the Jamabandis and as per charge memo, the following charge had been formulated: "You Patwari Halqa Bagrian while on duty, in the Jamabandi of Village Bagrian for the year 1996 -97 in Khata No.61/131 and 62/132 in the name of Nirjan Singh son of Basant Singh and Kartar Singh son of Basant Singh were entered as owner in column No.4 which are correct. But between both Khewat and Khata you entered bogus Khewat No.61/1 -131 and Khewat No.62/1 Khata No.132/1 wrongly. These were not entered in the earlier Jamabandies. Similarly, in this Jamabandi page No.115 Khewat No.91 Khata No.172 was entered on page No.116 Khata No.173 Khewat No.92/174 entered but you torn the page No.116 on it Khasra No.100/2 -3 - 0, 10/3/0 -11 -0 of Khewat No.173 total area 2 -14 -0 in column No 5 of the name of Chajju Ram son of Ralla Ram etc. Gair Marsui were entered and Khata No 172 and 173 were consolidated and another new Khata No.330/1 -520/1 were entered. While doing this you has changed the record therefore you are guilty and you are negligent in performing the Kaur Harjeet Government duty."
(3.) IN the charge memo itself, the name of Baljeet Singh, Halqa Patwari, Bagrian found a mention in the capacity of complainant. In furtherance of the charge sheet, an inquiry was conducted and the Inquiry Officer i.e. the Sub Divisional Magistrate, Sangrur submitted an inquiry report on 10.11.2003 (Annexure P -6) holding the petitioner to be guilty of the charge levelled against him. Acting upon the inquiry report, the District Collector, Sangrur, respondent No.3 issued a show cause notice dated 22.11.2003 contemplating the imposition of a major penalty of removal from service. The petitioner furnished a reply to the show cause notice. However, the Collector, District Sangrur vide order dated 21.01.2004 (Annexure P -9) imposed the penalty of removal from service upon the petitioner. Being aggrieved, the petitioner preferred an appeal under Rule 15 of the 1970 rules before the Appellate Authority i.e. the Divisional Commissioner, Patiala Division, Patiala. In the light of order dated 24.08.2004 (Annexure P -11), appeal preferred by the petitioner was accepted and the order of removal dated 21.01.2004 was set aside.;