RAJINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner was appointed as Forest Guard in the year 1985 and joined on 22.6.1985. In the year 1994, FIR No. 43/94 was registered against the petitioner and certain other persons by the Vigilance Department, which is still stated to be pending and most of the accused therein have either superannuated or expired.

(2.) THE respondents made promotions vide order dated 13.6.2011 to the posts of Deputy Rangers and all the batch -mates of the petitioner as well as juniors of the petitioner has been promoted as Deputy Rangers. The petitioner vide his representation dated 4.10.2011 requested the authorities to grant him promotion, but to no avail.

(3.) THE respondents filed the reply and claimed that inquiry and investigation in FIR No. 43/94 has now been completed and petitioner has been held responsible for large scale illicit felling causing loss of Rs. 9,21,333/ - and the government of Himachal Pradesh through its Additional Secretary (Forest) vide report No. FEE -AE/2553/2011 dated 21.1.2012 has recommended to prosecute the petitioner in the court of law for the said offence. It has further been stated that it was wrong on the part of the petitioner to state that neither any charges were framed nor any departmental inquiry was pending against the petitioner when his promotion was withheld on 13.6.2011, because investigation and inquiry in FIR No. 43/93 and the departmental inquiry for the charges leveled under Rule 14 of CCS & CCA Rules vide charge -sheet dated 18.4.2011 was pending against the petitioner on the date of promotion when his counterparts were promoted.