Jaishree Thakur, J. - (1.) THE present writ petition has been filed under Article 226 and 227 of the Constitution of India seeking a writ for quashing and setting aside impugned orders dated 27.3.1993 and 12.6.2001 imposing a penalty of stoppage of two increments and the order whereby the revision petition filed against the appeal was dismissed.
(2.) FEW brief facts may be noted. That the petitioner was working on the post of Patwari, Santpur, Tehsil Abu Road, District Sirohi. While working on the said post, a notice under Rule 17 of the Rajasthan Civil Services(Classification, Control and Appeal) Rules, 1958 was served upon the petitioner alleging that the petitioner had illegally recorded a mutation in favour of Shri Bhagwan Singh s/o Moti as owner of agriculture land bearing Khasra No. 43 measuring 19 biswas situated at Patwar Circle, Santpur, Tehsil Abu Road, District Sirohi, whereas the land was recorded in the name of Shri Ganesh s/o Mana. On the death of said Shri Ganesh, mutation No. 256 was entered in the name of the said Bhagwan s/o Moti, whereas the land ought to have been declared as nazul land, since the original land holder, namely, Shri Ganesh died without leaving any legal heirs. A reply to the said notice was filed by the petitioner taking the plea that the mutation was opened pursuant to the order of the Tehsildar and that the Gram Panchayat itself had approved the mutation entry. In the said reply dated 30.12.1988, the petitioner requested the authorities concerned to peruse the register containing comments of Tehsildar pertaining to the mutation to be sanctioned and the approval granted by the Gram Panchayat. Despite the reply having been served upon the respondent, the memo of charge -sheet along with details of charge was served upon the petitioner on 1.4.1989. The petitioner vide a letter dated 21.4.1989 requested the District Collector, Jalore for inspection of the record of District Revenue Officer, Sirohi in order to be able to reply to the charge -sheet. Without supplying documents an inquiry was initiated. Inquiry Report was submitted wherein it was held that the petitioner was guilty of offence of entering the mutation in the name of Bhagwan s/o Moti without following the due procedure. Based on the inquiry, an order of penalty of with holding of two annual grade increments with cumulative effect was imposed upon the petitioner on 27.3.1993. Aggrieved against the imposition of penalty of withholding of two annual grade increments with cumulative effect and dismissal of the appeal by the Divisional Commissioner of the revision petition, the present writ petition has been preferred. Notice of the said petition was served upon the respondent who filed a detailed reply stating that the petitioner has been found guilty by three authorities, and is thus not entitled to file the present writ petition. It is also pleaded that the petitioner was afforded full opportunities of hearing by the Inquiry Officer and the petitioner choose to avoid the proceedings and remained ex parte. It is further submitted that the petitioner was extended fullest cooperation by the inquiry Officer and the petitioner even cross -examined the departmental witnesses.
(3.) DURING the course of proceedings in the High Court, counsel for the petitioner sought time to place on record the mutation No. 256 which was made on the basis of an order passed by the Tehsildar, Abu Road on 30.8.1982. Pursuant thereto, an application was filed before the office of the Gram Panchayat, Santpur as well as in the Tehsil Office, Abu Road seeking copy of the aforesaid order. In response to the said application, the Gram Panchayat vide its communication dated 11.9.2008 informed that there is no record available on record in regard to the disputed mutation entry 256. The petitioner received a letter from Tehsil Office, Abu Road dated 11.9.2008 stating that the said record would be made available once it is received from the office of the concerned Patwari. It is contended by counsel for the petitioner that to date, said record has not been made available to him, raising a presumption that the mutation made were correct as also in view of the fact that neither the State Government nor the Gram Panchayat has made any effort to change the entries and revert this land into nazul land.;