JAGANNATH GHOSH Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) THIS is an appeal by the petitioner against the order passed by Bachawat, J. dated june 22, 1959 in C. R. 1016 of 1957. The facts as appearing in the petition are as follows : the petitioner was working as a forest Guard since 1952, which post he held till 1954. On January, 5, 1954 an order was issued by Divisional forest Officer, Malda Division, which was to the following effect: "from : The Divisional Forest Officer, malda Division. To : Sri Jagannath Ghose, Forest guard. Through the Range Officer, Balurghat range. Subject : Dated 5. 1. 54. As your works are not satisfactory, your services will be dispensed with, with effect from the afternoon of 31st january, 1954. Sd. Illegible 4. 1. 54. Divisional Forest Officer, malda Division. forwarded for 7. 1. 54. Seal. dated, Malda, the no. Copy forwarded to the Range officer, Balurghat Range for information with reference to his no. 310/bg-15 dated 12. 12. 53. He should immediately contact the appropriate authority so that the chowkidar, concerned, is properly punished. 3 statements in original are returned herewith for taking necessary action. " this order was followed by another order of the same date which is to the following effect. "government OF WEST BENGAL directorate of Forests. Office of the Divisional Forest Officer, malda Division. Office Order No. 13 dated, Malda, the 5th Feb. 58. Service of Sri jagannath Ghosh, Forest Guard are dispensed with effect from the forenoon of the 1st February, 1954 as his works are not satisfactory and also he is medically unfit for government service. Sd/- A. Bose, divisional Forest Officer. Malda Division. No. 299 (2) 6-2. dated, Malda, the 5th Feb. 54. Copy forwarded to the following for information is continuation of this office: no. 37/1/6-2 dated 5. 1. 54. 1) Sri Jagannath Ghosh, F. G. htrough the Range Officer, Balurghat range. 2) The Range Officer, Balurghat range. Sd - IIIegible. 5. 2. 54 divisional Forest Officer, malda Division

(2.) THE petitioner preferred appeal against these orders on February 28, 1954 to the Conservator of Forests, but the appeal was rejected on 12. 4. 54. A further appeal was taken to the Assistant Secretary to the Government of west Bengal, Forest and Fisheries Department, which was also rejected in 18. 6. 54. Another petition for consideration was filed on 6th September, 1955 which was rejected by the Conservator of forests on 29th February, 1956. The petitioner thereafter filed an application in this Court under Article 226 (i)of the Constitution contending, inter alia, that the order dismissing him from service was untenable in law, inasmuch as no proceedings were drawn against him before the impugned orders were passed and further the provisions of article 311 of the Constitution were not complied with. It was also contended that the petitioner should have been given an opportunity to challenge the alleged physical unfitness as alleged in the subsequent order of January 5, 1954. On this application a Rule was issued on April 12, 1957, calling upon the respondents to show cause why a Writ in the nature of Mandamus should not issue directing them to withdraw or cancel the purported order of discharge. There was also a prayer for issue of a Writ in the nature of Certiorari quashing the impugned order.

(3.) ON the Rule being served the respondents entered appearance and affidavit-in-opposition was filed on their behalf. It was stated that the petitioner was appointed a temporary Guard on december 1, 1952. While acting as a forest. Guard there was complaint before the Forest Range Officer, Balurghat Range to the effect that the petitioner was negligent in his work and took hush money. On considering the complaint the following order was passed by the Divisional Forest Officer. "this Jagannath will never improve. He should be given one month's notice and his service should be dispensed with w. e. f. the afternoon of 31. 1. 54. "