EX-PARTE MUTATION ORDER PASSED BY THE TEHSILDAR ON THE BASIS OF UNREGISTERED AND FORGED WILL OF POHOTO COPY UNDER U.P.LR.ACT-34
IN THE MATTER OF STAY ORDER PASSED BY THE HIGH COURT ALLAHABAD.
I HAVE NEED YOUR EXPERT OPINION IN THIS CASE ON BASIS OF FOLLOWING FACTS.
1-THAT ONE OF THE UTTAR PRADESH STATE GOVERNMENT EMPLOYEE(TEHSILDAR)PASSED AN EX-PARTE MUTATION ORDER IN FAVOR OF RESPONDENT ON THE BASIS OF UNREGISTERD AND PHOTO COPY OF WILL WITH IN 1 MONTH 23 DAYS.
2-THAT THE MATTER WAS COME TO PETITONER,FILED AN APPLICATION IN THE COURT OF TEHSILDAR FOR SETTING ASIDE HIS OWN MUTATION ORDER,AND SAME WAS STAYED BY THE TEHSILDAR AND FIXED FOR NEXT HEARING DATE AND DECISION FURTHER HEARINGS OF BOTH PARTIES.
3-THAT AGAIN BEFORE FIXED DATE TEHSILDAR HAD SET ASIDE HIS OWN STAY ORDER ON THE BASIS OF RESPONDENT APLLICATION.
4-THAT THE TEHSILDAR RELIEVE POSTED PLACE ON NEXT DAY AND DUE TO TRANSFERRE.
5-THEREFORE SEVERAL COMPLAINTS HAS BEEN MOVED AGAINST TEHSILDAR FOR HIS FORGED MUTATION ORDER AND ENQUIRY WAS INTITIATED BY THE COMMISSIONER,AFTER SOME DAYS ENQUIRY WAS HELD DUE TO SAID COMMISSIONER WAS TRANSFERRED,ABOUT THAT REASON A WRIT WAS FILED IN THE HIGH COURT OF ALLAHABAD FOR SEEKING DIRECTION AND SAME WAS ISSUED FOR THE COMMISSIONER FOR CONCLUDE THE PENDING ENQUIRY WITH IN 3 MOTNHS.
6-THAT THE ENQUIRY WAS CONCLUDED BY THE ENQUIRY OFFICER AND FINAL ORDER WAS PAASED BY THE COMMISSIONER"THERE WAS NO ANY ALLEGATIONS WERE PROVED"
7-ACCORIDNGLY ON THE BASIS OF ENQUIRY REPORT ALL EVIDENCES AND MATERIALS OF FACTS IGNORED BY THE COMMISSIONER/ENQUIRY OFFICER,ABOUT THAT REASON RE-ENQUIRY REQUESTED BY THE PETITONER BUT THERE WERE NO ANY PROGRESS AGAIN A WRIT WAS FILED AT HIGH COURT ALLAHABAD FOR THE DIRECTION FOR RE-ENQUIRY,BUT WAS SAME WAS DISMISSED BY THE HIGH COURT WITH REASON MARKED"CONTROVERSARY FACTUAL ASPECTS"
8-THAT DURING THIS PROCESS CHAIRMAN HAD ISSUED AN ORDER TO COMMISSIONER FOR RE-ENQUIRY WITH ALL PARAMETERS OF THE COMPLAINANT'S COMPLAINT
8-APART FROM THIS ONE MORE ENQUIRY WAS HELD AGAINST SAID OFFICER AND IN THIS ENQUIRY REPORT ALLEGATIONS WERE PROVED AND CHARGE SHEET ISSUED AGAINST SAID OFFICER.
9-THAT THE SAID OFFICER MOVED TO HIGH COURT AGAINST ISSUED CHARGE SHEET ON THE BASIS OF ENQUIRY REPORT OR FINAL ORDER PASSED BY THE BEFORE COMMISSIONER AND HIGH COURT DISMMISED ORDER,ACCORDINGLY STAY ORDER HAS BEEN PASSED FOR HOLD AN ENQUIRY TILL DECISION.
MATERIALS OF FACTS-
1-TEHSILDAR PASSED A MUTATION ORDER ON THE BASIS OF PHOTO COPY AND UNREGISTERED WILL AND WILL IS ALSO MADE ON FORGED STAMP PAPER.
2-TEHSILDAR SAID IN HIS MUTATION ORDER,THAT ORDER PASSED BY HIM ON THE BASIS OF ORIGINAL WILL AND ORIGINIAL WILL WAS SEALED BY THE CONSOLIDATION OFFICER AND THERE WERE NO ANY ORDER PASSED FOR OPEN IT.
3-TEHSILDAR SAID IN HIS EXPLANATION IN ENQUIRY,THAT WILL IS FORGED AND I HAD MADE ORDER ON THE BASIS OF ORIGINAL WILL DEED,AND DEFINITELY WILL WAS FORGED AND MADE BY THE RESPONDENT.
I WOULD LIKE TO ASKED WITH YOU,DUE TO TEHSILDAR MUTATION ORDER WE ARE SUFFERED APPROXIMATE 10 LAKHS.
IN THIS VIEW HE DID NOT DISCLOSED WITH HONABLE HIGH COURT ABOUT RE-ENQUIRY ORDER PASSED BY THE SOME HIGHER AUTHORITIES AGAINST COMMISSIONER ENQUIRY/FINAL ORDER.
PLZ SUGGEST ME WHATS ARE THE REMEDIES OR ACTION AGAINST SAID OFFICER.
WITH REGARDS
