NARAYAN MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Narayan Misra appeals against the Judgment of the High court of orissa dated 2/03/1964 dismissing his writ petition filed to question his discharge from Forest Service under the following circumstances.

(2.) The appellant was a forester in the former State of Saraikela being appointed on 20/11/1944. He worked till the State of saraikela merged in the State of orissa and then was transferred to the keonjher Division. He took up duties as a forester at Baniapak section in the Keonjhar Division. He was placed on suspension from 8/06/1950 and eleven charges were framed against him. The charges were enquired into by the Divisional Forest Officer who held him guilty and acquitted him of the remaining charges. The Divisional Forest officer directed his removal from service. The appellant appealed to the conservator of Forests, Baripada Circle, alleging that he had not been granted an opportunity to be heard in person or to produce and examine witnesses in his defence. The Conservator of Forest set aside the order of the Divisional Forest Officer and reinstating him, suspended him again from service and ordered that the enquiry against him be held again. The Conservator of Forests further directed that fresh charges should be drawn up against him and a copy of the same should be given to him. When the enquiry reopened fresh charges were not drawn up and the old three charges on which he had been found guilty were again enquired into. These charges were : "1. Charge' No. 1 Gross dereliction of duty insofar as the forester allowed the Contractor of his section to violate the contract rules; (a) by extracting unpassed timbers to depots; (b) by exporting timbers without departmental permits and without maintaining accounts; (c) by irregular feelings in the coupe; (d) by extracting and exporting timbers without paying over-due instalment; (e) by taking recourse to illicit feelings and removals beyond the limits of the coupe. 2. Connivance at heavy and extensive illicit removals perpetrated by the contractor Sri Kamini Mohan Dass which has entailed a loss of over Rs. 20,000. 00 on the State, insofar as the Forester has refrained from taking any measure within his official capacity against the illicit transactions carried on for a period of nearly six months within his knowledge and within a very compact sphere of his duty. 3. Wilful suppression of events and fasts, insofar as the Forester did not bring to the notice of the higher authorities the irregularities found in his section and did not take necessary actions on information's concerning these illicit fellings lodged with him by other person of the locality".

(3.) The Enquiring Officer by his finding dated 7/01/1963, acquitted the appellant of the first two charges; but found him guilty of the third charge. He recommended that the appellants be reinstated in service and as punishment he suggested that the period of suspension may be treated as punishment. When the matter came before the conservator of Forests, he called upon the appellant to show cause why he should not be dismissed from government service. In this notice he expressed the view that the punishment which was proposed was extremely light for such serious offences. The appellant showed cause. The Conservator of Forests did not accept upon the third charge but also upon the other two charges which he held were proved against him. In doing 'so, he differed from the findings given by the Enquiring Officer. Later on representations being made to government, the order of dismissal was modified into one of discharge from service.