I have worked as Joint Collector Chittoor District from March 10, 2014 to Sep 5, 2014. I am the Settlement Officer under the Estates Abolition Act, 1948 and the Act confers powers on me to recognise rights of Ryots if they were inducted into the land much before the crucial date (1.07.1946) and their successors are in possession of the land. Unless there are no claims the Govt cannot take possession of the Lands in villages where the EA aCT is in force. I have granted pattas for 100 Ac. around Tiripathi town under the act whose claims were properly verified as per the provisions of the act. Much after I have left the District, the Collector Chittoor District with whom I had a personal tussle in the past while I was working in ORR Project, reported to the Govt on 10.01.2015 that i have comitted Irregularities in the granting of Pattas. In the report he has made 4 mistakes. 1. In Charge 1, he has alleged that i have granted patta while a WP was pending in High court. 2. In Charge 4, he has alleged that i have granted patta while a WP is still pending I have verified and found that the WPs pending does not relate to the Sy No.s and Lands in which i have granted pattas in both Charge 1 & 4. It was a glaing mistake clearly. 3. In Charge 7 he has reported that i have granted patta in a Forest Poramboke. This is a blunderous allegation and it is totally wrong. 4. He has alleged with a statement that the pattas granted by me costs hundreds of crores. i have verified from SROs and found that that the value of the lands for which i have granted pattas is about is Rs. 12 Cr. Thus it was purely an exageration made by the Collector. Based on the report of the Collector, the Govt has put my services under Suspension on 21.04.2015. When I have represented immediately to the CM and filed application in CAT, 1. The CM Spl Secretary found guilty but had simply passed the info to the Collector and warned him to defend strongly in CAT. The CAT has rejected my application and declined to interfere into Govt' enquiry by reliably trusting the Collector' report on the grounds that i should have first approached DOPT and has given a 20 page order adversely commenting unnessarily. 2. The Govt. on 26.06.2015 has issued Charges in which the report of the Preliminary Enquiry Officer (Report of the Collector) is not placed in Annexure II which is a Statement showing the Evidence based on which the Disciplinary proceedings were initiated. PRESENTLY THE INQUIRY IS STILL GOING ON DESPITE MY REPRESENTATIONS AND CLEARLY THE GOVT IS DELIBERATELY DELAYING THE MATTER EVEN THOUGH THE Commissioner of Inquiry has positively reported to drop charges on me. NOW CAN I APPROACH HIGH COURT FOR QUASHING the INQUIRY WHICH IS BLOCKING MY PROMOTION.? I BELONG TO SC/ST. CAN I MAKE A CASE OF ATTROCITIES ON THE COLLECTOR FOR MAKING WRONG ALLEGATIONS ?
Under the Dept of Personnel, New Delhi, GOI, there are plenty of orders and circulars instructing state govt.s to expedite inquiries pending against AIS Officers strictly adhering to timelines. But in my case the State govt is unnessarily delaying the trial. If I approach High Court for quashing the Inquiry, can i get relief ?
Dear Cleint,
Pending disciplinary proceedings that also indefinitly cannot be sole ground for denying promotion to government employee. You can approach HC for quashing of inquiry sitting long delay and report of commissioner.
U/s 3(viii) of act, complain can be filed.
1)you can file petition in HC to direct state govt to complete inquiry against you within stipulated period of say 6 months
2) HC would not quash the inquiry
3) dont file any case against collector now
HC can direct state govt to complete inquiry expeditiously
See if the inquiry is pending it will be better to first complete inquiry proceeding and then if adverse order in Inquiry you can challenge same as in most cases high court also wont grant any relief pending the enquiry.
Then also you can approach high court file a writ for quashing alternatively praying for expediting the enquiry the high court may appreciate the facts and can either quash the charges on you with proceedings or shall order to complete inquiry in limited time.
Further if any document is not provided write to department to provide Annexures if department donot respond or deny then you can file before OA seeking direction for department to provide proper documents.
It is happy to know that enquiry Commissioner giving positive response to you and coming to another point that the Central Administrative Tribunal passed orders against you. As such, it is high risk filing of writ petition in High Court under these circumstances and it Is not advisable
Further you can approach the SC/ST commission to complain against the collector or can file an atrocities complaint under section 3 of Schedule caste and Schedule Tribe (prevention of atrocities Act).
In my opinion reach out to the commission SC/ST commission it would be beneficial in your case then filing a complaint with police. Yes the high court if appreciate facts and evidence can quash otherwise it will surely give direction to expedite the inquire in time bound manner.
Firslty, sir as per the information given by you it appears that you have acted always in accordance of law.
Secondly, all the allegations are false and you are having proofs also with regard to the same.
Thirdly, I advice you to approach the Hon’ble High Court under article 226 of Writ of Certiorari for quashing of the above inquiry order as it has been clear violation of your fundamental right of work and earn your livelihood.
Fourthly, you would surely get relief.
Good Luck...!
