RAM PHERE Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner for quashing of the impugned order dated 18.02.2009 except item Nos. 3 and 5 of the concluding part of the order passed by respondent No. 4 and for payment of arrears of salary alongwith interest and for refund of the amount which has been allegedly illegally deducted from the petitioner's salary.

(2.) Brief facts leading to the filing of the petition are that the petitioner was posted as Beat Incharge w.e.f. 09.05.1995 at Rehra Range, Itwa Beat and had requested for leave for his treatment to Range Officer, Forest who orally allowed him to proceed on leave. Thereafter, he remained on leave from 31.10.1997 to 06.11.1997 and reported for duty on 07.11.1997 with medical fitness certificate. The petitioner was placed under suspension on 21.11.1997 in contemplation of a departmental inquiry. In January, 2008, the Deputy Divisional Forest Officer, Balrampur was appointed inquiry officer. The chargesheet was issued on 29.01.1998 and was served upon the petitioner on 06.02.1998. Three charges were levelled against the petitioner. The first charge was that in the combing 127 trees of 'sagon' (teak) and 83 trees of 'sakhu' totaling 210 were found illegally cut, valued at about Rs. 1,71,672/-. The second charge was regarding unauthorized absence of the petitioner from 31.10.1997 to 06.11.1997 and the third charge was that gurdling of 103 trees was carried out while petitioner was posted causing financial loss to the State exchequer. The inquiry officer submitted the inquiry report holding the petitioner guilty. The disciplinary authority (punishing authority) vide order dated 02.05.1998 ordered dismissal from service and for recovery of the amount equal to financial loss caused from the petitioner. The petitioner challenging the report of the inquiry officer and also procedure adopted for the inquiry preferred Writ Petition No. 3375 (SS) of 1998. This Court vide its order dated 02.05.1998 quashed the order of punishment but provided liberty to the respondents to hold a fresh inquiry in accordance with law keeping in view the observations made in the order expeditiously. Payment of arrears and other consequential benefits were kept subject to the final outcome of the fresh inquiry, if any. The order dated 02.07.2008 passed in the above writ petition is being reproduced hereinbelow:-

(3.) The writ petition is allowed accordingly. No order as to costs."