Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has challenged the impugned order of suspension dated 30.03.2010, on the ground that he did not comply with the directions of this Court given in order dated 22.8.2006, passed in Writ Petition No. 12078 of 2003, Prem Kumar Pandey & others vs. State of U. P. & others and vide order dated 16.7.2009 passed in Writ Petition No. 34813 of 2009, Mata Charan & others vs. State of U. P. & others.
Learned counsel for the petitioner submits that the petitioner took over charge as Settlement Officer, Consolidation, Allahabad on 11.7.2008 and on 15.11.2007 his predecessor submitted his report to the office of respondent no. 2 to the effect that the order dated 22.8.2006 had been complied with. As such, there was no occasion to proceed further in compliance of the same. So far as second charge of not complying with the directions of the authorities regarding delivery of possession of concerned chaks in village Kathauli is concerned, section section 28 of U. P. Consolidation of Holdings Act authorises the Assistant Consolidation Officer to handover the possession of the chaks/plots to the tenure holders under the final Consolidation Scheme and the petitioner being posted as Settlement Officer, Consolidation does not come into picture in the matter of delivery of possession. Though Sri Sanjay Bhasin, learned Addl. Chief Standing Counsel submits that till date the order dated 22.8.2006 has not been complied with whereas it was duty of the petitioner to comply the same. However, he fails to indicate as to whether any action was taken against the predecessor of the petitioner who informed the Consolidation Commissioner regarding compliance of the order or what step was taken subsequent to proceed further. We are also informed that the departmental inquiry is proceeding against the petitioner and in pursuance thereof chargesheet has also been issued and the petitioner has also submitted an interim reply. Accordingly, departmental inquiry is to be concluded with the cooperation of the petitioner.
However, keeping in view the nature of charges, the operation and implementation of the impugned suspension order dated 30.3.2010, passed by opposite party no. 1, as contained in Annexure No. 1 to the writ petition is hereby stayed till further orders of the Court with liberty to the Department to proceed further with the inquiry and conclude the same expeditiously.
Let counter affidavit be filed within two weeks. List thereafter.
Order Date :- 24.6.2010 ashok