S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by petitioner against the order No. 1247, dated 11th June, 2003 passed by the Commissioner and Secretary -cum -Inspector General of Registration, Jharkhand, Ranchi whereby and whereunder in exercise of power conferred under Rule 49 -A of the Civil Services (Classification, Control and Appeal) Rules, 1930, suspended the petitioner in contemplation of a departmental proceeding.
(2.) THE case of the petitioner is that he has got an unblemished service record and has not committed any illegality as a District Sub -Registrar, Ranchi in Registration of any deed presented before him. He endeavoured to his duty diligently and lawfully through out his tenure and exercising quasi judicial functions under the Registration Act, 1908. The ground to challenge the order of suspension is that the order of suspension is by way of punishment issued at the instance of 6th respondent, Shri Madhu Singh, Minister, Land Revenue and Registration Department, State of Jharkhand, Ranchi. According to petitioner, as he refused to register a document on the basis of power of attorney of 7th respondent, Jiwan Lal in favour of 8th respondent, Jitan Sahay and 9th respondent, Ram Kinkar Sahay, since it contravent Section 22 -A of the Registration Act, 1908 as amended by Registration (Bihar Amendment) Act, 1991 read with Notification dated 5th August, 1996 issued under Section 22 -A of the Act, the 6th respondent, Shri Madhu Singh with a mala fide motive, ordered to suspend the petitioner by way of punishment. The action on the part of the respondents is alleged to be mala fide and colourable exercise of power to victimize and punish the petitioner by misuse and threat of disciplinary proceeding.
(3.) COUNSEL for the petitioner tried to highlight that the action taken by the petitioner to refuse registration was all in accordance with law but this Court cannot determine the issue whether the action taken by the petitioner is in accordance with law or not as no charge -sheet has been issued till date. Even if the aforesaid charge is framed, it is for the Enquiry Officer to determine whether the charge framed against the petitioner is proved or not on the basis of the evidence on record. So far as mala fide is concerned, no specific evidence has been placed on record in support of allegation except a letter dated 30th May, 2003 (Annexure 9) issued by Jhonson Ekka, 10th respondent, who is the President of Ranchi Zila Yuba Samata. By the said letter, certain monetary help was sought for. The aforesaid letter dated 30th May, 2003 shows that it was addressed to one "Marandi Bhaiya". The word "Marandi" was subsequently strucked down and the word "Manjhi" was inserted in its place.;