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FCR orders for imposition of penalty of withholding of increment with cumulative effect on Girdawar


 FCR orders for imposition of penalty of withholding of increment with cumulative effect on  Girdawar

Jammu, Oct 28: Shaleen Kabra, FCR, who is holding the post as FCR since more than 05.8 years ordered for imposition of penalty on a Girdawar, details with CTN read as under:-

       1. Whereas, Tehsildar Marheen vide letter No. OQ/496 dated 01-10-2019 requested DC Kathua for granting permission to cancel Mutation No. 324 of village Muthi Hardo Tehsil Marheen as during the camp conducted at Village Muthi Hardo, some people raised objections regarding the attestation of mutation No. 324, which was later found wrongly entered by the Patwari and compared by GQ;and

. Whereas, Deputy Commissioner, Kathua, vide Order No. DCK/SQ/2019-20/2794 dated 27.01.2020, constituted a committee headed by the Assistant Commissioner (Revenue), Kathua, to inquire into the matter relating to the wrongful attestation of Inheritance Mutation No. 324 pertaining to Village MuthiHardoo, Tehsil Marheen, on the basis of a Will Deed purportedly executed by Smt. Soma Devi, daughter of Bali and widow of Rattan Chand, resident of Dhamal, Tehsil Marheen; and

3. Whereas, the Deputy Commissioner, Kathua, vide Order No. DCK/SQ/2021-22/918-21 dated 07.07.2021, declared Mutation No. 324 of Village Muthi Hardo, Tehsil Marheen, null and void and requested the Divisional Commissioner, Jammu, to initiate Regular Departmental Action (RDA) against the officers/officials concerned, including Sh. Manzoor Ahmed, the then Girdawar, Girdawar Circle Hamirpur; and

4. Whereas, the Divisional Commissioner, Jammu, vide Order dated 18.01.2023, initiated Regular Departmental Action against Sh. Manzoor Ahmed, the then Girdawar, and appointed the Additional Deputy Commissioner, Kathua, as the Inquiry Officer; and

5. Whereas, consequent upon the transfer of the then Inquiy Officer, the Divisional Commissioner, Jammu, vide Order dated 22.08.2023, appointed Sh. Ranjit Singh, JKAS, Additional Deputy Commissioner, Kathua, as the Inquiry Officer to complete the inquiry proceedings; and

6. Whereas, the charge sheet was served upon the delinquent official through Deputy Commissioner, Kathua vide letter dated 24.02.2023, and the official submitted his written reply thereto on 23.03.2023; and

7. Whereas,Add. Deputy Commissioner, Kathua has submitted his enquiry report vide letter dated 17.10.2023, which is reproduced as under: a. "....For discerning the role of Sh. Manzoor Ahmed, Girdawar in the said mutation, it is worthwhile to reproduce the relevant provisions of Part lIl of standing order no. 23-A regarding record of mutation, defining the duties of the field Kanungo. Para 21 and 24 of Part Ill of the order read as under: -

        Para No. 21: Kanungo to check entries: b. "The duty of the Field Kanungo is especially to see that the Surat Sabig is Correct according to the last Jamabandi (as modified by mutations already sanctioned, if any). He must carefully compare and attest by personal examination of the papers concerned. Every entry made by the Patwari in the Part Patwar and the Part Sarkar, noting briefly that he has done so, with date below his report, in the Part Sarkar. He must sign the entries in both Part Patwar and Part Sarkar" Para No. 24. Kanungo to see that all rules have been complied with: C. "The Kanungo is also to see that in every respect the rules have been followed by the Patwari in writing up the case.
The Field Kanungo should also verify the Patwari's report (vide paragraph 8) that the mutation is not entered before, or if entered previously but rejected by a Competent officer it has not been brought a second time on the mutation registers without the orders of a competent Revenue Officer as required by paragraph 12." d. As per Para 21 above, a Girdawar Qanungo must carefully compare and attest the mutation by personal examination of the papers concerned.

In a mutation of inheritance that too through will deed, death of the owner is the basic fact needing verification by the Girdawar Qanungo. Sh. Manzoor Ahmed, Girdawar cannot evade his responsibility by saying that the duty of Girdawar is only to compare mutation with Jamabandi and that the inquiry about the deceased is the responsibility of only Patwari Halqa and the Attesting Officer. e. Further, as per Para 24, Kanungo is also to see that in every respect the rules have been duly followed by the Patwari in writing up the case.

Accordingly, Sh. Manzoor Ahmed should also have clarified from the Patwari, as to what evidence has been relied upon or what enquiry has been conducted by him toascertain the death of Smt. Soma Devi, which the former failed to do in the case. f. In view of the above omissions, Sh. Manzoor Ahmned, Girdawar has beenfound to be guilty of not performing his duty with due diligence and Care 9

8. Whereas, the Divisional Commissioner, Jammu, vide letter dated 28.06.2025, forwarded the case to this office along with the recommendation for withholding two increments of the delinquent official; and

9. Whereas, the case of official has been examined and upon consideration of all relevant aspects, the Competent Authority (Financial Commissioner, Revenue) has observed as below: "n the instant case, the charge against the Girdawar is proved. In the totality of the circumstances, penalty of withholding of one increment with cumulative effect, is imposed on him and he is warned to be more cautious in discharge of his duties."

Now, therefore, the penalty of withholding of one increment with cumulative effect is imposed upon Mr. Manzoor Ahmed, the then Girdawar, Girdawar Circle Hamirpur, District Kathua, in terms of Rule 30 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.The official is also warned to be more cautious in discharge of his duties. 

 

 


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