JUDGMENT Honble V.K. Shukla, J.—Petitioner has approached this Court, questioning the validity of decision dated 9.2.2007 (Annexure 7) taken by Assistant Record Officer, Mirzapur, placing the petitioner under suspension. 2. Brief background of the case is that petitioner has been performing and discharging duties as Survey Lekhpal at Tehsil Sadar (Chail), Allahabad. Petitioner has stated that his appointing authority is the Collector, who is also Record Officer of the district. It has been stated that one Ram Khelawan and Ram Murat son of Jagan Nath and others resident of village Kursad made complaint before the Assistant Record officer, Mirzapur that petitioner while working under Survey Naib Tehsildar as Peshkar, on the basis of forged will in the name of Sarita Devi wife of Harish Chandra, Saroj Devi wife of Kavinder and Kalindi, daughter of Ram Ji, mutated in place of his father and on the basis of the aforesaid complaint, the Assistant Record Officer by letter dated 27.10.2005 asked for an explanation from the petitioner within a period of 3 days, failing which disciplinary action would be taken against him. Petitioner sent a letter to the Assistant Record Officer, Mirzapur, requesting him to let him inspect the document dated 24.6.1998. Petitioner, however, submitted explanation on 3.12.2005 denying all the allegations. Thereafter impugned order has been passed, which is subject matter of challenge before this Court. 3. Counter-affidavit has been filed, contending therein that petitioner was posted and working as survey Lekhpal in Survey Naib Tehsildar Circle No. 3, Chail, Allahabad, under the unit of Assistant Record officer, Mirzapur, and after suspension, petitioner has been attached in circle No. 1 Survey Naib Tehsildar, Sadar, Mirzapur. It has been further stated that appointing authority of petitioner is Assistant Record Officer, Mirzapur, which is evident from letter of the Board of Revenue dated 11.2.1977. It has also been stated that petitioner had indulged in serious misconduct, wherein preliminary enquiry was conducted, and thereafter based on the same, order has been passed. It has been further stated that District Magistrate has distributed the work and Sri Shiv Singh was assigned the job of Assistant Record Officer, as such there is no infirmity in the view taken. 4. Rejoinder affidavit has been filed, disputing the averments made in the counter-affidavit and reiterating the averments made in the writ petition. It has been further stated that District Magistrate has distributed the work and Sri Shiv Singh was assigned the job of Assistant Record Officer, as such there is no infirmity in the view taken. 4. Rejoinder affidavit has been filed, disputing the averments made in the counter-affidavit and reiterating the averments made in the writ petition. Entire emphasis in the rejoinder affidavit has been laid that Settlement Officer Consolidation had never been appointed as Assistant Record Officer by issuing Notification under Section 48 of the U.P. Land Revenue Act, as such the order passed by him in the capacity of Assistant Record Officer is totally without jurisdiction. 5. After pleadings mentioned above have been exchanged, present writ petition has been taken up for final hearing and disposal with the consent of the parties. 6. Sri N.L. Pandey, Advocate, appearing on behalf of petitioner, contended with vehemence that the order of suspension is totally without jurisdiction, inasmuch as, the incumbent who has passed the order of suspension, at no point of time, had ever been appointed as Assistant Record Officer by means of Notification issued under Sections 48 and 49 of the U.P. Land Revenue Act, 1901, and merely because the District Magistrate has made work distribution, same will not clothe him to work as Assistant Record Officer. 7. Sri Piyush Shukla, learned Standing Counsel, on the other hand, contended that District Magistrate has rightly exercised his power and as such no interference is required. 8. After respective arguments have been advanced, factual position which emerges is to the effect that there is no dispute inter se parties that appointing authority of Survey Lekhpal is Assistant Record Officer under the Government Order dated 11.2.1977, as per which survey work was to be carried out in seven regular units of the State and in the said units, same pattern was to be followed as in consolidation matters, and field work was to be looked into by Survey Kanoongo and in the office, record was to be looked into by Survey Lekhpal. Under Chapter IV of U.P. Land Revenue Act, 1901, Section 48 deals with notification of record operations and Section 49 deals with Record Officers. For ready reference these sections are being quoted below : "48. Under Chapter IV of U.P. Land Revenue Act, 1901, Section 48 deals with notification of record operations and Section 49 deals with Record Officers. For ready reference these sections are being quoted below : "48. Notification of record operations.—If the State Government thinks that, in any district or other local area a general or partial revision of the records or a re-survey, or both, should be made, it shall publish a notification to that effect. Effect of the Notification.—And every such local area shall be held to be under record or survey operations, or both, as the case may be, from the date of notification until the issue of another notification declaring the operations to be closed therein. 49. Record Officers.—The State Government may appoint an officer, herein after called the Record Officer, to be in charge of the record operations or the survey, or both, as the case may be, in any local area and as many Assistant Record Officers, as to it may seem fit, and such officers shall exercise all the powers conferred on them by this Act so long as such local area is under record or survey operations, as the case may be." 9. A bare perusal of the aforesaid provision would go to show that if the State Government thinks that, in any district or other local area, a general or partial revision of the records or re-survey, or both, has to be made, it shall publish a notification to that effect, and further under Section 49, the State Government is competent to appoint an officer, to be known as Record Officer, to be in charge of the record operations or the survey, or both, as the case may be, in any local area and as many Assistant Record Officers, as it may deem fit, and such officers shall exercise all the powers conferred on them. Thus, only those officers can function as Assistant Record Officers in reference to whom State Government makes appointment. In the present case, it has been conceded on behalf of State Government that incumbent who has passed order of suspension, qua him no such notification has been made under Section 49 of the U.P. Land Revenue Act, 1901. Thus, only those officers can function as Assistant Record Officers in reference to whom State Government makes appointment. In the present case, it has been conceded on behalf of State Government that incumbent who has passed order of suspension, qua him no such notification has been made under Section 49 of the U.P. Land Revenue Act, 1901. This fact has been admitted that on 19.5.2005, one Shail Kumar, Deputy Collector, Mirzapur was appointed as Assistant Record Officer, Mirzapur, in respect of villages in district Mirzapur placed under survey, but thereafter no such notification has been made. Once notification has not been made in terms of Section 49 of the U.P. Land Revenue Act, then the said incumbent cannot function and act as Assistant Record Officer and said specific provision cannot be permitted to be over ruled in the garb of exercising authority of distribution of work. In this background, as there is no notification under Section 49 in favour of Shiv Singh to function as Assistant Record Officer, the order dated 9.2.2007 is unsustainable. 6. Consequently, writ petition succeeds and is allowed. The order dated 9.2.2007 is hereby quashed. However, quashing of order dated 9.2.2007 will not prevent concerned Record Officer of the District or In charge Assistant Record Officer of the entire unit, where petitioner is posted, from taking action in accordance with law. ————