PRAGI LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri D.S. Srivastava, learned counsel for the petitioner and learned Standing Counsel for the respondents. Sri Alok Kumar Srivastava, Conservator of Forest, Jhansi is present alongwith record. I have also perused the record.

(2.) In both these writ petitions the questions of law and facts are common, therefore, have been heard together and are being decided by this common judgment. However, since the facts are common, this Court is taking up the facts of leading writ petition, i.e., Writ Petition No. 34824 of 2012 for the purpose of brevity.

(3.) The petitioner was initially appointed as Forester on 15.12.1990 and at the relevant time giving cause of action for present writ petition, he was posted as Deputy Forest Ranger in Forest Range, Lalitpur Social Forestry Division, Lalitpur. He was placed under suspension vide order dated 16.02.2012 on the allegations that a Joint Forest Management Committee held a preliminary inquiry and found him prima facie guilty of non observing its duties and functions in respect to plantation, social forestry improvement etc. and also permitting mining within 100 meters of forest area which is in violation of orders of Apex Court. It was also stated that a departmental inquiry is in contemplation. The aforesaid order of suspension, however, was revoked and petitioner was reinstated with full benefit of salary by disciplinary authority, i.e., Sri B.C. Tiwari vide order dated 29.02.2012, who had also passed the order of suspension. It, however, stated that departmental inquiry against him shall continue. A charge sheet dated 24.05.2012 was served upon petitioner containing a single charge.