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Allahabad HC orders official’s suspension for non-compliance of 41-year-old order

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Prayagraj, Dec 4 : The Allahabad High Court has directed the Uttar Pradesh’s consolidation commissioner to immediately suspend from service the assistant consolidation officer (ACO) concerned and initiate disciplinary proceedings against him for the non-compliance of a 41-year-old order.

Devkant Pandey, the ACO, at present posted at Handia in Prayagraj, did not comply with a 41-year-old order despite several orders passed by higher officials directing for its compliance.

Hearing the petition filed by one Devendra Kumar Singh, Justice Siddharth observed, “It is high time that the public servants employed in the consolidation department are departmentally proceeded against regarding the lapse on their part and commission of deliberate act of delaying the proceedings for ulterior motives and only deciding the proceedings on undue considerations.”

The court has fixed March 3, 2023 as the next date of hearing in the case by which time, the report of the inquiry officer as well as decision taken thereon by the disciplinary authority will be placed before the court.

In the present petition, the petitioner has sought direction from the court to implement the order dated December 17, 1981, passed by the consolidation officer in his case named as ‘Ram Narayan Singh vs Krishnaraj Singh’ and also compliance with the subsequent order dated October 25, 2013 passed by consolidation officer regarding closure of consolidation proceedings in his village and preparation of new revenue records.

The counsel for the petitioner pointed out to several orders which were passed by senior officers to the respondent number six and seven in the present case – Devkant Pandey – from time to time, directing him to get the order dated December 17, 1981, complied with.

However, the aforesaid respondent (the ACO) did not pay heed to any order passed by his superior officers due to obvious reasons of corruption.

Taking serious note of the conduct of the officer concerned, the court in its order, said, “This court finds from perusal of the writ petition that the contentions of counsel for the petitioner are correct. His demeanour of trying to argue the case himself, despite standing counsel defending him in court proceedings was also observed by the court and it was really reprehensible.”

“This court further finds that the conduct of assistant consolidation officer, Handia, Prayagraj, Devkant Pandey, in his office and in due discharge of his duties clearly amounts to misconduct in office. His non-compliance of the orders passed by senior consolidation officers makes out a clear case of commission of misconduct of wilful insubordination committed by him as the respondent number six and seven in the present case,” the court added. (IANS)

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