GOUS ALI BEG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the order dated 24.11.2011 (Annexure P/1), passed by the Principal Chief Conservator of Forest whereunder, the appeal against the order dated 17.02.2010 (Annexure P/2), passed by the Conservator of Forest, Jagdalpur, Circle Jagdalpur, was rejected, and also the original order dated 17.02.2010 (Annexure P/2) which has merged with the appellate order dated 24.11.2011 (Annexure P/1). The petitioner further challenges the legality and validity of the order dated 07.10.2010 (Annexure P/3) passed by the Director, Forest School, Jagdalpur, whereby a recovery to the tune of Rs. 8,95,909.85 from the retiral dues of the petitioner was calculated after adjustment of leave encashment to the tune of Rs. 89046.00 and 90 % of the gratuity amount to the tune of Rs. 2,44,877.00 and the remaining amount of Rs. 5,61,986.85 was recoverable from the pensionary benefits of the petitioner.

(2.) The facts, in brief, as projected by the petitioner are that the petitioner was working on the post of Ranger in the Forest Department. A departmental enquiry was initiated on 02.06.2006 and the petitioner was placed under suspension. During pendency of the enquiry, the suspension of the petitioner was revoked by order dated 10.04.2007. In the meantime, the petitioner retired from service on 31.03.2008. After proper enquiry, all the charges leveled against the petitioner were found proved in the enquiry. The Conservator of Forest, being the competent authority, examined all the documents and agreeing with the enquiry report, passed the order dated 17.02.2010 (Annexure P/2) holding the loss to the public exchequer to the extent of Rs. 8,95,909.85. The period of suspension was directed to be treated as suspension period. Theragainst, an appeal was preferred before the Principal Chief Conservator of Forest. The appellate authority, after having considered and examined all the facts of the case, rejected the appeal of the petitioner vide the order dated 24.11.2011 (Annexure P/1). Recovery of Rs 8,95,909/- after adjusting the amount of leave encashment and gratuity, remaining amount to the tune of Rs.561986.85 as aforestated, was directed by the impugned order dated 07.10.2010 (Annexure P/3) from the pensionary benefits of the petitioner. Thus, this petition.

(3.) The petitioner, without questioning the legality and validity of the enquiry report and the order passed thereon, challenges the impugned orders, as aforestated, on the ground that there was violation of Rule 9 of the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short, the Rules, 1976') on the ground that the enquiry was not completed within a period of two years from the date of its initiation and also the order of recovery of the amount, as aforestated, was not passed by the Governor, as contemplated under the provisions of Rule 9 of the Rules, 1976 Shri Shrivastava, learned counsel for the petitioner would submit that the impugned order has been passed by the Conservator of Forest, which is not sustainable in view of the restriction imposed under the provisions of Rule 9(2)(a) of the Rule, 1976.