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DINESH PATHAK
Fakiran – Appellant
Versus
Deputy Director Of Consolidation – Respondent
JUDGMENT :
Dinesh Pathak, J.
1. Heard Sri Awadhesh Kumar Singh, learned counsel for the petitioners, learned Standing Counsel represents responded nos. 1 & 2 and perused the record.
2. Petitioners have filed the instant writ petition invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, challenging the order dated 23.09.2020 passed by the Deputy Director of Consolidation (respondent no.1).
3. Considering the facts of the case, question for consolidation in the instant writ petition lies in a narrow compass as to whether Deputy Director of Consolidation (respondent no.1) has justified in remitting the matter before Settlement Officer of Consolidation (respondent no.2) to search the original record of the court subordinate first and fix the responsibility of erring employees.
4. It is submitted by counsel for the petitioners that Fakiran and others (petitioners) have preferred an appeal dated 04.09.2000 against the order dated 10.01.1995 and 05.12.1994 passed by Consolidation Officer in a proceeding under Section 9 -A(2) of UPCH Act in Case No.1424 of 1994. Since the date of filing of aforesaid appeal i.e. 04.09.2000, no order could be passed du
The Deputy Director of Consolidation exceeded jurisdiction by quashing a final order not under review, violating procedural propriety.
Consolidation Authorities are legally obligated to implement judicial orders from consolidation courts, and failure to do so constitutes a breach of duty.
Amendments to grounds of appeal that seek to change the character of the case cannot be permitted at advanced stages of litigation, particularly when earlier opportunities to introduce such arguments....
Administrative authorities cannot recall judicial orders without due process, and principles of natural justice require a hearing before adverse actions affecting rights.
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