STATE OF UTTARANCHAL Vs. KHARAK SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15.5.2006 of the High Court of Uttaranchal at Nainital in Writ Petition No. 606 of 2003 (SS) whereby the writ petition filed by the respondent herein was allowed quashing the orders dated 5.3.1986 passed by the Divisional Forest Officer, Haldwani Forest Division, Dist. Nainital and dated 27.4.1991 passed by the Conservator of Forest, Western Circle, Nainital dismissing the respondent from service.

(2.) The brief facts are stated as under : The respondent herein was a temporary Forest Guard and was posted in Nandhaur Range of Haldwani Forest Division, Nainital. In 1984, when he was incharge of Asani Beat in Nandhor Range of Haldwani Forest Division, illegal felling of 11 Sal trees and 24 Kokat species took place in Asani Beat Nos. 1, 3 and 5 which were allotted to the U.P. Forest Corporation for felling of marked dead, dying and dis eased trees. In the diary maintained by the Department, during the months of March and April, 1984, the respondent visited the above compartments regularly and certi fied that there was no illicit felling of trees in his beat during the period under re porting. On 23.5.1984, sub-Divisional Forest Officer, Nandhaur seized 27 logs of Sal bearing transit hammer mark of Dolpokhra Transit Barrier in Haldwani. Having seen the hammer marks on the seized logs, on 24.5.1984 the SDO directed Range Officer to trace the illicit felling of trees in and around Dolpokhra. On being ques tioned by the SDO, the respondent could not satisfy the SDO. Having confirmed the involvement of the respondent in the illicit felling of trees, the Division Forest Officer, Haldwani Forest Division by letter No. 40/25 dated 1.6.1984, suspended the respondent. On 19.12.1984, the Division Forest Officer served the charge sheet upon the respondent and the respondent gave his reply on 9.4.1985. Thereafter, enquiry was entrusted to Sri P vs. Lohni, who submitted his report on 16.11.1985 to the Divi sional Forest Officer, Haldwani. On the basis of the inquiry report, the Divisional Forest Officer vide order dated 6.3.1986 dismissed the respondent herein. Feeling aggrieved, the respondent preferred an appeal before the Conservator of Forest, Western Circle, Nainital, Appellant No. 2 herein and the same was dismissed vide order dated 27.4.1981. Questioning the said order, the respondent herein preferred writ petition before the High Court praying for issuing a writ of certiorari. The High Court vide order dated 15.5.2005 issued a writ of certiorari quashing the orders dated 5.3.1986 passed by the Divisional Forest Officer, Haldwani as well as order dated 27.4.1991 passed by the Conservator of Forest, Western Circle, Nainital. The High Court has directed the appellants to reinstate the respondent in service with all consequential benefits. Aggrieved by the said order, this appeal by special leave has been preferred by the State of Uttaranchal, Conservator of Forest, Western Circle, Nainital and Divisional Forest Officer, Haldwani Forest Division, Nainital.

(3.) We heard Mr. S.S. Shamshy, learned counsel, for the appellants and Mr. P. Vinay Kumar, learned counsel, for the respondent.