PYARE LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of the present writ petition, preferred under Article 226 of the Constitution of India, the petitioners mainly seek the following relief:-

(2.) PRECISELY , the facts giving rise to the present petition are that the petitioner herein was a Forest Guard in Kharshali Beat at Khashdhar range and remained posted as such till June, 1981. It is alleged that pursuant to the conspiracy facilitated to M/s Shiv Lal and Company in illicit felling of trees in government forest, Kharshali, as a result of which 649 trees were illicitly felled in DPF 72-A, UF-48 and UF- Telga valuing at '.5,79,215/- and also received as bribe from Mast Ram Tanta, thus '.500/- committed criminal misconduct and alleged to have committed the offences punishable under Sections 109, 120-B, 379, 420, 467, 468 Indian Penal Code, Sections 33, 41/42 of Indian Forest Act and Section 5(2)(1)(d) of Prevention of Corruption Act, 1947. He was one of the co-accused in case FIR No.10/82, registered in Police Station Enforcement (South Zone), Shimla on 23.7.1982. He faced trial and vide judgment Annexure P-6, he alongwith other co- accused was acquitted by the Special Judge (Forests), Shimla vide detailed judgment dated 30.7.2011.

(3.) THE respondents countered the claim of the petitioner that though the petitioner was acquitted in the criminal case and also exonerated in subsequent departmental inquiry, but in another subsequent corruption case in terms of FIR No.17/2005 the case is still pending trial against him.