OSHNI RANI SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By the present writ petition, the petitioner, who is working on the post of Forest Guard presently working as Beat/Campus Guard under the respondent authorities/ Office of Divisional Forest Officer Research and Extension, Forest Division, Bilaspur, is questioning the order dtd. 20/02/2025 (Annexure P/1) passed by the respondent No.4/ Divisional Forest Officer, Katghora, District Korba by which the DFO has passed an order of recovery of an amount of Rs.1,57,833.00 in 23 equal installments from the petitioner. The recovery order issued on the ground that the petitioner while working as Forest Guard during the period 2018-19 in the Trikhuti forest area, it was found that the plantation made by the petitioner was not successful and a report was prepared on the basis of an enquiry made by the Chief Conservator of Forest, Kanker for the said period. Show cause notice was issued on 05/09/2024 to the petitioner, however, the petitioner could not reply to the same because the show cause notice was not supported by the enquiry report hence due to lack of the details during the period when the petitioner was posted in Trikhuti area, Jatga Circle and requested the authority to provide the register which was being maintained in the Office of Trikhuti area during the period of 15/09/2017 to 30/03/2020.

(2.) (i) Learned counsel appearing for the petitioner submits that the show cause notice was issued without a copy of enquiry report. The recovery order has been passed by the respondent authorities in an illegal and arbitrary manner in complete violation of principles of natural justice.

(3.) Learned counsel appearing for the State would submit that the writ petition filed by the petitioner is not maintainable as the petitioner can approach the appellate authority i.e. the Conservator of Forest to question the order of recovery. He further submits that the petitioner, without responding to the show cause notice, has submitted an application seeking some documents on 07/10/2024, hence, the petitioner can file the reply to the show cause notice. The impugned recovery order has been passed by the respondent authorities is just and proper and there is no illegality committed in passing the order.