BASANT LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner has prayed for quashing of office order dated 7.11.2001 Annexure A -2, Annexure A -4 copy of letter dated 25.2.2002 from Conservator of Forest, Shimla to Divisional Forest Officer, Rohru which was endorsed to Petitioner on 1.3.2002 by Divisional Forest Officer, Rohru informing the Petitioner dismissal of his appeal and office order dated 20.9.2002 Annexure A -6, with further prayer to grant all consequential benefits to Petitioner including promotion from due date with interest on the arrears of pay at the rate of 18% per annum.

(2.) THE facts, in brief, are that the Petitioner was chargesheeted on 19.7.1999. The Petitioner submitted his written statement of defence. The Respondents without considering the defence of the Petitioner proceeded further with inquiry. In the inquiry, principles of natural justice and rules governing the same were not observed. The Inquiry Officer submitted the inquiry report on 7.11.2001 to Respondent No. 4 Divisional Forest Officer, who on 7.11.2001 itself imposed penalty of stoppage of one increment with cumulative effect.

(3.) THE appointing authority of the Petitioner is Conservator of Forest. The Respondent No. 4 Divisional Forest Officer was not competent to impose penalty which has vitiated. The Petitioner has been wrongly superseded for promotion since January, 2001, others have been let of and only the Petitioner has been penalized.