ASHOK KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Petitioner before this Court has questioned the order passed by the Additional Principal Chief Conservator of Forest, Agra Zone Agra dtd. 4/6/2020 dismissing the petitioner from service on the ground that petitioner obtained regularization of his service by the regularization committee in its meeting held on 28/12/2002 on the basis of forged experience certificate furnished by him as a daily wage employee of the forest department.

(2.) The only legal plea advanced by Mr. Siddharth Khare, learned counsel for the petitioner for assailing the order of dismissal from service is that entire enquiry report was based upon findings arrived at in some vigilance enquiry report which remained unproved in the departmental enquiry as none of the officers who deposed before vigilance committee that they had not signed the experience certificate of the petitioner and that details were not available in the original records of the forest department. They never appeared before the enquiry committee to be examined by the enquiry officer and to be cross-examined by the petitioner.

(3.) It is argued on behalf of the petitioner that out of three officers of the forest department, namely, Hari Singh S/o Ratan Singh, the then Forest Ranger, Sri Balram Singh Yadav, the then Forest Range Officer, Sri K.L.Mehra were issued notices by the enquiry officer, M.K.Shukla on 4/12/2019 respectively but they failed to appear before the enquiry officer. Mr. B.S.Yadav was further issued notices on 28/12/2019 to appear before the enquiry officer on 9/1/2020, but he did not appear. Notices issued to B.S.Yadav have been brought on record as annexures 23,24 and 28 respectively.