GITESHWAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Aggrieved by the order dated 19.3.2011 Annexure P-2 imposing penalty of dismissal from Government service and order dated 31.3.2012, Annexure P-6 rejecting thereby the service appeal, the petitioner has approached this Court with the following prayer:

(2.) On the other hand, simultaneously following charges came to be framed against the petitioner and one Rattan Chand, Forest Guard vide Annexure P-1 (Colly.):

(3.) It seems that without asking for reply to the memorandum of charges Annexure P-1 Shri H.K. Gupta, Assistant Conservator of Forest was appointed as Inquiry Officer and he proceeded with the inquiry. He completed inquiry and submitted the inquiry report Annexure P-4 to the disciplinary authority i.e. the Conservator of Forests, Shimla circle Shimla. The disciplinary authority without forwarding the inquiry report Annexure P-4 enabling thereby the petitioner to submit written representation, if any, and without due consideration, straightway imposed the penalty of dismissal from service with immediate effect upon the petitioner vide impugned order Annexure P-2. It is on the representation dated 18.4.2011 made by the petitioner to the 2nd respondent Annexure P-3, the copy of inquiry report was supplied to him by the 3rd respondent.