AMBUJ TEWARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By way of this public interest writ petition, a teacher, Mr. Ambuj Tewari, hailing from Purulia District seeks to protect the rights of the forest dwellers, who have organised themselves into a committee called Joint Forest Management Committee (for short, "JFMC"). The case of the writ petitioner rests upon an order issued by the Government of West Bengal dtd. 11/12/2019. For better appreciation, the same is quoted hereunder:-

(2.) As could be seen from the above order, a direction has been issued pursuant to the orders of His Excellency the Governor West Bengal to allow the Directorate of Forests to implement the plantation works directly by them by engaging local JFMC members instead of engaging contractors. Further, it was ordered that the material should be procured after observing necessary tender/quotation procedure and the labour payments should be made as per rate notified by the Labour Department time to time by making direct credit to the respective bank account of the labourers by ECS. The said order has been issued with the concurrence of the Finance Department.

(3.) It is submitted by the learned Advocate appearing for the petitioner that pursuant to the Government order dated 11 th December, 2019, another order was passed on 5/5/2021 by the Chief Conservator of Forests, South West Circle, West Bengal addressed to the Divisional Forest Officer, Purulia enclosing the Government order dtd. 11/12/2019 with a direction that the procedure stated therein should invariably be followed in all other wages / labour payments by ECS only. It is a submission made on behalf of the petitioner that though such was the Government order, the Directorate of Forests in utter derogation to the said order has invited e- tender for allotting the works to contractors.