SUKH RAM SHARMA SON OF LATE SHRI CHHAJU RAM SHARMA Vs. MANAGING DIRECTOR HIMACHAL PRADESH STATE FOREST CORPORATION

JUDGEMENT

(1.) PETITIONER, inter alia, prayed for the following reliefs:

(2.) FACTS are not much in dispute. Petitioner Sukh Ram Sharma was posted as a Senior Assistant in the office of Divisional Manager Forest Working Division, Solan. Criminal prosecution against him and other officials, including private persons was initiated by the State. The charge was that certain forest officials, including the petitioner, entered into a criminal conspiracy with one Rajesh Kumar and with an endeavour to cause unjust enrichment to him changed the rates of timber and also economics for the purpose of fixation of rates for the price of the timber, which resulted into excess payments being made to him.

(3.) BASED on the said report, Disciplinary Authority, vide order dated 21.11.2009 (Annexure P-15) dismissed the petitioner from service with immediate effect. Petitioner preferred an appeal and in terms of impugned order dated 26.8.2010 (Annexure PD), appeal stands partly allowed and by taking a lenient view, penalty of dismissal from service was changed to that of "reduction to a lower stage of Rs.6400 in the time scale of Rs.6400-10640 (pre-revised) for further entire period of service with further directions that he will earn increments of pay during the period of such reduction. Further the period of dismissal shall be regulated in accordance with the leave of kind due".