A Sub-Divisional Magistrate (Judicial) was suspended for summoning the governor in a land acquisition case in Uttar Pradesh. The SDM was identified as Vineet Kumar of Budaun who was suspended by the UP government for his "gross negligence."
Meanwhile, his 'peshkar' (staff member who presents files to the officer) also had to bear the brunt as he was also handed over the suspension.
Summons issued to Governor Anandiben Patel
Last month, the summons were issued to Governor Anandiben Patel, prompting her office to cite the constitutional immunity she enjoys against such action. The matter is related to a land-related petition filed by Chandrahas, a resident of Loda Baheri village in the SDM court, making another person and the Governor parties.
Chandrahas alleged that a relative got the property of his aunt Katori Devi registered in his name and the land was later sold and subsequently acquired by the government by giving a compensation of Rs 12 lakh.
Action taken by the SDM (Judicial)
Hearing the petition, SDM Kumar had issued summons in the name of the person who had bought the land and also to Governor Anandiben Patel on October 7 under Section 144 of the UP Revenue Code, and asked her or her representative to appear on October 18, an officer said.
When the letter reached the Governor's house on October 10, the Special Secretary to the Governor Badrinath Singh wrote a letter to the DM and asked that the SDM be told that issuing a summon or notice to the governor is a violation of Article 361 (The President or the Governor is not answerable to any court for the exercise of the powers and duties of his office) of the Constitution. According to the information, the DM was also directed to probe the matter and submit his report to the government.
(With PTI inputs)
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