T K JANGDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard learned counsel for the parties. By this petition, the petitioner seeks to challenge the legality and validity of the order dated 26-8-2000 (Annexure -- P/6) passed b the Under Secretary to the then Government of Madhya Pradesh, Department of Forest, by which the petitioner has been removed from service. The petitioner also challenges the order dated 8-7-2008 (Annexure -- P/1) passed by the Under Secretary to the Government of Chhattisgarh, Department of Forest, by which the appeal preferred by the petitioner against the removal order has been rejected.

(2.) Learned counsel appearing for the petitioner submits that while the petitioner was working as Forest Ranger at Raigarh, a charge sheet dated 20-8-1991 (Annexure--P/4) was issued to him by leveling certain allegations to which the petitioner submitted his reply on 13-8-1998 (Annexure -- P/5). However, after completion of enquiry proceedings by order dated 26-8-2000 (Annexure -- P/6) the petitioner has been removed from the service.

(3.) Learned counsel further submits that against the said removal order, the petitioner preferred an appeal before the, then, Government of Madhya Pradesh on 19-10-2000 (Annexure - P/8). Thereafter, the new State of Chhattisgarh was carved out pursuant to the operation of the M.P. Reorganisation Act, 2000 (for short "the Act, 2000") on 1-11-2000. Subsequently, the services of the petitioner has been finally allocated to the State of Chhattisgarh. On the basis of the said events, the appeal pending before the State of Madhya Pradesh was required to be transferred to the State of Chhattisgarh, however, instead of transferring the same, the State of Madhya Pradesh by its order dated 16-9-2005 (Annexure -- P/12) rejected the appeal of the petitioner by maintaining the removal order.