DURGA PRASAD TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ramesh Kumar Srivastava, learned counsel for petitioner, Sri Shyam Lal Dhanushdhari, learned State Counsel and perused the record.

(2.) By means of the present case, the petitioner has challenged the impugned order of removal dated 31.10.1996 (Anneuxre No. 1) passed by O.P. No. 2/Prabhagiya Van Adhikari, South Gonda, Forest Department, Gonda.

(3.) Facts in brief of the present as submitted by Sri Ramesh Kumar Srivastava, learned counsel for petitioner are that petitioner was initially appointed as Stem Marker in the year 1962 in the Forest Department of the State of U.P., promoted to the post of Nikasi Munshi, finally promoted in the year 1980 to the post of Forest Guard and for the period 17.10.1992 to 20.04.1993 was posted as Forest Guard in Manpuri Beat of the forest range, Gonda, thereafter transferred to other Division in the Forest Department, District of Gonda, thereafter by order dated 03.12.1994 (Annexure No. 6) passed by O.P. No. 2, an explanation was called from him in respect to cutting of trees in Manupuri Beat of the Forest Department on the basis of the report submitted by Sri R.P. Verma after doing combing operation from 26.04.1994 to 28.04.1994. As per the version of the petitioner as the letter/order dated 03.12.1994 passed by O.P. No. 2 by which explanation has been called from him, solely based on the report submitted by Sri R.P. Verma. So, he asked that the said document may be supplied to him in order to submit reply. But no heed has been paid and on 07.10.1995, a chargesshet has been issued. The charges in respect to cutting of trees in Manpuri Beat, were leveled against him and two evidences i.e. (a) Report of Sri R.P. Verma (b) Other documentary evidence., in order to establish the charges, Sri Ramesh Kumar Srivastava, learned counsel for petitioner further submits that as the evidences which are mentioned in the said cahrgesheet have not been supplied to the petitioner, he demanded the same by letter dated 28.10.1995/16.11.1995/16.12.1995 (Anneuxre Nos. 8 to 10) but nothing has been done in the matter in question, as such having no alternative before him, on 06.12.1995, he submitted his interim reply to the chargesheet. Thereafter, the inquiry in the matter in question has been conducted by the Inquiry Officer and during the course of the inquiry, petitoienr proved that he is not guilty of the charges leveled on him by chargesheet dated 07.10.1995, thereafter a show cause notice has been issued to the petitioner on 14.06.1996 (Anneuxr No. 13) by O.P. No. 2 along with inquiry report to which he submitted his reply on 04.07.1996 (Anneuxre No. 14), finally the order of removal dated 31.10.1996 has been passed by which the petitioner has been removed from service. Hence present writ petition has been filed.