R.S. MAAN SON OF SHRI S. MAAN, FOREST RANGER (RETD,), RESIDENT OF MAAN HOUSE, POWER HOUSE ROAD, SET NO. 1, HOUSE NO. 22021, BHATINDA, PUNJAB Vs. THE STATE OF H.P. THROUGH THE SECRETARY (FOREST) TO THE GOVT. OF H.P. SHIMLA,

JUDGEMENT

(1.) THE petitioner has approached this Court aggrieved by Annexure A -1, order dated 4th November, 2004, Annexure A -2, order dated 10th July, 2002 and Annexure A -6, order dated 20th December, 2005. Though the case has a chequered history, we do not think it necessary to go into the details of the same. The petitioner joined the Department as Forester in the year 1956 and retired in 1993. After retirement, in the year 1995 he was issued memo of charges along with one Shri Bhagat Ram to the effect that he had not maintained absolute devotion to duty and had failed to perform proper control and supervision. A loss to the tune of Rs. 85,424/ - was caused on account of illicit felling of Khair trees. The proceedings ended up by Annexure A -2 whereby a decision was taken to recover 50% of the loss from the petitioner and 50% from Shri Bhagat Ram with 12% interest. The matter was pursued by Shri Bhagat Ram in independent proceedings and we find that ultimately the Principal Chief Conservator of Forests as per proceedings dated 2.7.2010 has exonerated Shri Bhagat Ram. The said order is taken on record. The reasons for exonerating Shri Bhagat Ram will apply on all force to the case of the petitioner as well. Therefore, all the impugned orders are quashed. The amount recovered from the petitioner will be disbursed to him within two months from the date of production of a copy of this judgment and if not the petitioner will be entitled to interest at the rate of 10% from the date of recovery and the officers responsible for the delay will be personally liable for the same. A copy of this judgment will be forwarded to the Accountant General, Himachal Pradesh. All other prays are declined.

(2.) THE writ petition is disposed of, so also the pending applications, if any.