RAMESH KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) It is not necessary to refer to the facts in detail as the impugned order Annexure P-5 legally cannot be sustained. Vide order Annexure P-5 dated April 17,1992, petitioner Ramesh Kumar was placed under suspension. The allegation was that in the Beat where the petitioner was posted as Forest Guard, several trees were cut which put the Government to loss. It was mentioned in the impugned order that Shri Ramesh Kumar, Forest Guard, Incharge Bhud Beat, does not seem to be fit to be kept in Govt. Service in the interest of the Govt. Some allegations have been made by the petitioner that the order was passed malafide at the instance of respondent Nos. 3 and 4, namely Raj Kumar, Range Officer, and Munshi Ram Jangra, Deputy Ranger, as one First Information Report was lodged on March 31, 1992, by Bahadur Singh against them, in which case the petitioner was a witness. As already stated above, we are not going into the question of malafides. The order of suspension appears to have been passed with a pre-determined mind that the petitioner was not a fit person to be kept in Government service. If the initiation of the action is with pre-determined notion, obviously the final result would be biased. It in that context that we are quashing the order of suspension Annexure P-5 with liberty to the respondents to pass fresh order, if necessary, in accordance with law.

(2.) Though the order of suspension was passed on April 17, 1992, placing the petitioner under suspension, and operation thereof was stayed by this Court at the time of issuing notice of motion on April 29, 1992, no charge-sheet has so far been framed against the petitioner, as stated by counsel for the petitioner. Thus, we direct that if the respondents so desire that any departmental action is to be taken against the petitioner, prompt action according to rules would be taken and the matter would be enquired into and completed within a period of six months. By staying operation of the impugned order Annexure P-5, it could not be inferred that the departmental proceedings were stayed.

(3.) The writ petition stands disposed of, as above. There shall be no order as to costs. Petition disposed of.