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Subhash Chandra Rao v. State Of Up Thru' Secy Revenue And Others - WRIT - A No. 1658 of 2005 [2006] RD-AH 18135 (26 October 2006)


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                                                                                                          Court No. 38

Civil Misc. Writ Petition No. 1658 of 2005

Subhash Chandra Rao


The State of U.P. through Secretary  Revenue U.P. at Lucknow.

Connected with

Civil Misc. Writ Petition No. 1660 of 2005

Brij Bhushan Shukla


The State of U.P. through Secretary  Revenue U.P. at Lucknow.


Civil Misc. Writ Petition No. 14908 of 2003

Surendra Prasad


The State of U.P. through Collector District Mau and others.

Hon'ble V.K. Shukla,J.

             In the present writ petition, against the petitioners disciplinary proceedings have been contemplated and petitioners have been sought to be placed under suspension on account of less recovery being made. Till date  in none of the three writ petitions, counter affidavit has been filed in spite of the fact that last opportunity was provided to State -respondents.

           Contention of petitioners  is that they have  been charged for making less collection for the period started w.e.f.15.11.2004 to 24.12.2004, whereas the fact of the matter is that State Government itself due to drought condition, had stayed recovery till 31.3.2005 and as such petitioners could not have been placed under suspension.

         Learned Standing Counsel on the other hand contended that petitioners have been rightly placed under suspension and no interference is warranted.

           After respective arguments have been advanced, undisputed position is that petitioners  have been performing and discharging their duties as Collection Amin. By virtue of Collection Amin, it is bounden duty of Collection Amin to take all possible steps to attain requisite  collection as prescribed.  In case there are serious lapses on the part of the Collection Amin in performance of their duties or there is complete  dereliction in their duty, then  certainly Collection Amin can be placed under suspension. Collection Amin is enjoined upon in  law to make recovery and once  he fails on this front, then certainly  disciplinary proceedings  can be initiated and out come of the disciplinary proceedings would depend on the nature of the charges and evidence, which  would came up in the on going proceedings.

           As   far as  present case is concerned, here precise plea had been taken that State Government had issued Government Order on 2.9.2004 clearly mentioning therein that recovery was stayed till 31.3.2005 and no coercive action be taken. Once State Government itself had issued the said Government Order, then certainly no coercive steps could have been taken against the  Collection Amin for recovering  the amount. In the present case, counter affidavit has not at all been filed and as such this factual position remains undisputed.

         In view of the fact, as power of suspension in the present case has been exercised  in mechanical manner, suspension order  dated 28.12.2004 passed by the respondents is hereby quashed and set aside. However, passing of this order will not prevent the respondents from undertaking disciplinary proceedings and bringing the same to its logical end.

              With these observations, writ petitions are allowed.

Dt. 26.10.2006



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