NATHURAM DANSENA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner in this case challenges the legality of an order passed by the divisional Forest Officer, Raigarh Division, on 23rd November 1964 dismissing him from service, and prays for the issue of a writ of certuirari for quashing that order.

(2.) THE applicant was employed as a Forest Guard in Raigarh Division. In 1964 a departmental enquiry was held against him on the charges that he did not report illicit felling and the "damage of standards" during a certain period and was thus guilty of gross neglect of duty, and that he also connived at the illicit felling of trees done by Bansidhar Sharma to whom Coupe VIII Putukachar had been sold. The departmental enquiry was held by Shri Hazara Singh, Range Officer, Udaipur range. At the end of the enquiry, he found the two charges to be prima facie established against the petitioner Thereafter on a perusal of the report of the Range Officer and agreeing with his findings the Divisional Forest Officer, Raigarh division, issued to the applicant a notice on 10th July 1964 to show cause why he should not be dismissed from service A copy of the report of the Enquiry Officer was forwarded to the petitioner along with the notice to show cause. The petitioner gave his explanation which did not convince the Divisional Forest Officer, who accordingly made the impugned order on 23rd November 1964.

(3.) THE only ground on which Shri Nagnath learned counsel appearing for the petitioner, attacked the validity of the order of dismissal was that while imposing the punishment of dismissal the Divisional Forest Officer took into account the previous record of the petitioner; and that he was not entitled to do so when the petitioner was not informed by the showcause notice which was issued to him. that his previous record would be taken into account for determining the punishment to be imposed upon and when the previous record was not even disclosed in the aforesaid notice. Learned counsel placed reliance on State of mysore v. Manche Gowda. ATR 1964 SC 506