STATE OF UTTAR PRADESH Vs. G P SWAMI

JUDGEMENT

(1.) This appeal by the State of Uttar Pradesh arises out of and is against the order dated 14-5-1986 made by the High Court of Allahabad in Writ Petition No. 2812 of 1981 quashing the orders dated 28th April 1981 and 21st February 1984 of the Conservator of Forests and the Chief Conservator of Forests respectively touching the service of the respondent, G. P. Swami. By the first of these orders the respondent was dismissed from service pursuant to the findings of a disciplinary inquiry into certain charges of misconduct against the respondent. By the latter order the Chief Conservator of Forests sought to give effect to certain order of the U.P. Public Services Tribunal which had directed the consideration of the case of the respondent for promotion to the post of Forest Ranger with effect from 19th August 1977 when allegedly his juniors had been promoted.

(2.) We have heard Shri Adarsh Goel for the appellant-State and Shri Siddiqui, learned counsel for the respondent.

(3.) The respondent entered the service of the Forest Department of the State of U. P. as Forester in the year 1956. He became Deputy Ranger in the year 1963. In 1977 when certain ad hoc promotions to the post of Forest Rangers were taken up he was superseded on account of certain adverse entries in his service rolls. The respondent moved the Uttar Pradesh Public Services Tribunal for relief. The Tribunal by its order dated 28th November, 1980 directed the State of Uttar Pradesh to consider respondent's case for promotion from 19th August, 1977 on which date his juniors had been so promoted. But in the meanwhile, certain disciplinary proceedings were initiated against the respondent. On charges of misconduct, culminating in the Inquiry Report dated 31st March, 1981 holding that the charges were substantiated. An order for his dismissal from service was made on 28th April, 1981.