MD FAKHRUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.N. Upadhaya, learned counsel for the petitioner and Mr. T.C. Chutia, learned Additional Senior Government Advocate appearing for the State respondent authorities.

(2.) The petitioner, who was serving as a Forester Grade-I under the Forest and Environment Department, Government of Assam, was served with a show cause notice dated 21.02.2007. The first charge was that there was a connivance and involvement of the petitioner in illegal removal of forest produce. The said charge was substantiated on the facts that during the first week of June, 2006, the predecessor of the petitioner had reported that 20 numbers of valuable trees were felled inside the Ranga R.F under the jurisdiction of Kiming Beat at a time when the petitioner was in-charge of the Kiming Beat. The allegation was that the miscreants could remove all the valuable trees due to involvement and in connivance of the petitioner and that the petitioner had not initiated any action to report the matter to the higher authority.

(3.) The charge No.2 was of negligence of Government duty, which was substantiated on the allegation that while the petitioner was in-charge of the Kiming Beat from 01.09.2005 to 04.06.2006, 20 numbers of valuable trees were felled by some miscreants and were removed from the forest area, thereby causing a loss of Rs.1, 15, 483/-.