LAWS(CHH)-2009-12-46

R.S. SOLANKI Vs. STATE OF C.G

Decided On December 02, 2009
R.S. SOLANKI Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) WITH the consent of learned counsel for the parties, the petition is heard finally.

(2.) LEARNED counsel appearing for the petitioner would submit that the petitioner has retired from service on 31-07-2003 on attaining the age of superannuation while working as Deputy Ranger, Forest Division, Narayanpur District Bastar. The petitioner was issued a show cause notice on 03-10-2000 (Annexure P/1) calling upon him to submit his response as to why he may not be held responsible for the alleged loss of forest produce found at Nistar/ Consumer Depot, Kapsi. The petitioner submitted his reply to the show cause notice on 08-11-2000 (Annexure P/2). The petitioner has also submitted an application on 25-11-2002 (Annexure P/3) to the respondent authority with a request to enquire the matter immediately, as he was not responsible for the alleged loss, the respondent authority, according to learned counsel for the petitioner, found the reply of the petitioner unsatisfactory and vide impugned order dated 30-12-2005 (Annexure-P/4) directed recovery of Rs. 1,62,019/- from his retiral dues.

(3.) THIS is a case where alleged loss of forest produce has been found on the basis of spot inspection. Thereafter, no enquiry was conducted to determine as to who was responsible for the loss. It is a clear case of the petitioner that the petitioner was not posted at that point of time when the alleged loss has taken place. Thus, the petitioner cannot be held liable without proper enquiry and without affording an opportunity of hearing to the petitioner.