Suspend official for non-compliance with 41-year-old order: High court
PRAYAGRAJ: The Allahabad high court has directed the consolidation commissioner, U. P; to immediately suspend the assistant consolidation officer, Handia-I, Prayagraj, Devkant Pandey and get disciplinary proceedings initiated against him for misconduct and not complying with a 41- year-old order in spite of several directives passed by higher officials.
Justice Siddharth passed the order on a petition filed by Devendra Kumar Singh who sought directions to implement the order dated December 17, 1981 and also compliance with the order dated October 25, 2013 passed by the consolidation officer regarding the closure of consolidation proceedings in his village and preparation of new revenue records.
The court said, “The disciplinary authority shall appoint an inquiry officer, who shall conduct the inquiry against the officer regarding his misconduct in office and wilful insubordination and submit a report to the disciplinary authority within three months. The disciplinary authority will then pass appropriate order thereon.” Senior advocate RC Singh, representing the petitioner pointed out the number of orders which were passed by senior officers of respondent no. 6/7 (Devkant Pandey) from time to time, directing him to get the order dated 17.12.1981 complied with.
He argued that the respondent no. 6/7 did not pay any heed to any of the orders passed by his superior officers due to obvious reasons of corruption.
At one stage, the erring officer tried to argue his own case and tried to push the standing counsel who was representing his case, from the dais, senior advocate Singh said. “He is keeping on hold a number of such cases and has scant respect for law. His personal conduct is very unbecoming of a public servant as clear from his act of pushing learned standing counsel from the dais in the court and trying to argue the case personally before this court.” At this, the court said, “This court finds from perusal of the writ petition that the contentions of learned senior counsel for the petitioner are correct. The demeanor of respondent nos. 6/7 of trying to argue the case despite standing counsel defending him was also observed by the court and it was really reprehensible. It ill behoves a public servant to behave in such a manner in a court of law.” “This court further finds that the conduct of assistant consolidation officer, Handia-I, Prayagraj, Devkant Pandey, in his office and in due discharge of his duties clearly amounts to misconduct in office. His noncompliance of the orders passed by senior consolidation officers makes out a clear case of commission of misconduct of wilful insubordination committed by the respondent no. 6/7,” the high court added.