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2022 Supreme(All) 719

ALOK MATHUR
Prakash Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Amrendra Nath Tripathi, Ashutosh Shahi.
For the Respondent: Alok Kumar Tripathi.

JUDGMENT :

ALOK MATHUR, J.

1. Heard Sri S.K. Kalia, learned Senior Advocate assisted by Sri Ashutosh Sahai, learned counsel for the petitioner as well as learned Standing Counsel for the respondent no. 1 and 2 and Sri Alok Kumar Tripathi, learned counsel for the respondent no. 4.

2. Learned counsel for the petitioner at the very outset has submitted that he does not want to press prayer no. 1 and accordingly, this Court proceeds to consider prayer no. 2 of the writ petition.

3. The sole question for consideration of this Court is as to whether a person while in exercise of his discharge of official functions can be subjected to disciplinary proceedings with regard to any decision taken by him, if so under what circumstances?

4. It has been submitted by learned counsel for the petitioner that the petitioner was initially appointed on the post of Deputy Collector by the Union Public Service Commission in the year 1999 and was posted at District - Mau, Tehsil Sadar. When an application was moved before him under Section 33/39 of the Land Revenue Act, seeking conversion of land from the nature of non ZA to ZA land.

5. The petitioner in exercise of his jurisdiction as Deputy Collector heard t

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