KARAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner Karan Singh, who has since died on January 6, 2006, and now represented by his legal representatives, has challenged an order dated September 16, 1999, passed by the Divisional Officer, respondent No. 2, whereby services of the petitioner have been terminated.

(2.) THE petitioner has claimed that he was appointed and posted as Forest Guard on April 1, 1958. He continued to work on the said post to the best of his capabilities. A show cause notice was served upon him on May 25, 1977. Certain charges were levelled against the petitioner. A departmental enquiry was ordered. The petitioner has claimed that the aforesaid departmental enquiry continued for an extraordinary long period of 22 years. Ultimately, an order was passed on September 16, 1999, whereby the petitioner was held guilty of misconduct and as such his service were ordered to be terminated. The order of termination has been appended as Annexure P-7 with the petition.

(3.) VARIOUS issues arise in the case for adjudication. One of the issues, which may have to be gone into is as to whether the deparment was justified in prolonging the enquiry proceedings for a long period of 22 years, even if the petitioner, as claimed by the department, had remained un-available and absent. In the ordinary course, the department should have ordered ex-parte proceedings against the petitioner, if he was unavailable, and should have finished the enquiry within a reasonable time. However, it appears that the department had been treating the matter very casually and without any justification, continued to prolong the enquiry proceedings against the petitioner, who was a petty Forest Guard and an illiterate person.