BHARAT JAYANTILAL PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions are filed with a prayer to quash and set aside complaint being I-C.R.No.54 of 2011 registered with Adalaj Police Station for the offences punishable under Ss. 306, 114 and 120-B of the Indian Penal Code, so far as present petitioners are concerned. Therefore both these matters are heard and decided together by this common judgment.

(2.) As per the facts of the case, applicant of Criminal Misc. Application No.6470 of 2011 was serving as a Director of Gujarat Ecological Education and Research Foundation [hereinafter referred to as "GEER"]. He joined the service of Forest Department, State of Gujarat, in the year 1975 as Range Forest Officer. Thereafter, he appeared in the selection for Assistant Conservator of Forests, Gujarat Forest Service, Class-II in the year 1979 and was selected as a direct recruit and after completion of training was serving as Assistant Conservator of Forests [hereinafter referred to as, "ACF"]. It is stated and submitted that, in the year 1984, the applicant appeared in a direct recruitment for Indian Forest Service and was selected in Indian Forest Service and after training he served for 5 years in Gir Sanctuary and National Park as Deputy Conservator of Forests and, thereafter, he served as Deputy Conservator of Forests at various places in Gujarat. It is stated and submitted that the applicant was promoted as Conservator of Forests in the year 1998 and from August, 2000 to January, 2009 he served as Conservator of Forests, Wild Life Circle, Junagadh. It is submitted that thereafter from January, 2009 to August, 2010 he served as a Conservator of Forests, and Chief Conservator of Forests, North Gujarat Wild Life Circle, Gandhinagar. It is stated and submitted that the applicant was transferred as a Director, GEER and he assumed the office as Director, GEER on 30/8/2010.

(3.) Heard learned Senior Advocate, Mr.N.D.Nanavaty and learned Senior Advocate, Mr.B.B.Naik for the petitioners appearing with Mr.Pitambar Abhichandani and learned advocate, Mr.Mrudul Barot for respondent no.2 and learned APP, Mr.Chintan Dave for the responded-State.