Early Times Report
Jammu, May: 14 A Division Bench of State High Court Comprising Justice Alok Aradhe and Justice MK Hanjura today quashed the recommendations passed by State Accountability Commission against two Deputy Commissioners namely Ashok Parmar & Atul Dullo, Basant Ram, the then Tehsildar; Om Prakash the then Girdawar; Saleem Bandey, the then Patwari.
Division Bench after hearing Sr. Advs D C Raina, P N Raina, Advocates Rahul Pant, Adarsh Sharma, Manik Mahey, JA Hamal for the petitioners whereas Sr. Adv KS Johal with Adv RS Jamwal for the complainant whereas Adv Parnav Kohli for the SAC, observed that from perusal of the contents of the perpetual lease deed, it is axiomatic that complainant Mangotam Dass had transferred his rights in the land admeasuring 3 kanals 10 marlas and had duly sworn in an affidavit, which shows that the possession of the land was handed over to Jeet Singh in the year 1987. Mangotam Dass in the affidavit has stated that entry in revenue records may be effected in favour of Jeet Singh and he has no objection to the same. Therefore, Basant Ram, the then Tehsildar, on the basis of the report submitted by the Patwari, which was endorsed by the Girdawar, was required to attest the mutation in view of Section 28-A of the J&K Agrarian Reforms Act.
DB further observed that It is pertinent to note here that there is no allegation of corruption, favourtism, nepotism or lack of integrity in the complaint and neither any corrupt motive has been attributed to the delinquent officials in the complaint. In any case, the misinterpretation of a statutory provision could not have been treated as a misconduct and on the aforesaid basis, it could not have been concluded in law by the Commission that the petitioners are liable for disciplinary action under Rule 30 of the J&K Civil Services (Classification, Control & Appeal) Rules, 1956.
With these observations, Division Bench allowed the petition and quashed the report submitted by the State Accountablity Commission dated 30.05.2008. |
