SATYA PARKASH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner has assailed Annexure PA dated 23.1.1989 imposition of penalty of stoppage of 5 increments with cumulative effect, Annexure PB communication dated 3.4.1991 informing the petitioner that his appeal against the order dated 23.1.1989 has been dismissed, Annexure PC order dated 22.3.1995 dismissing the representation of the petitioner which was filed before the Principal Chief Conservator of Forests in pursuance to order dated 22.11.1994 passed by the erstwhile Tribunal in O.A. (M) No. 443/1994.

(2.) THE pleaded case of the petitioner is that he was Forest Guard in Forest Range , Urla, Tehsil Joginder Nagar, District Mandi and was posted at Check Post (Forest) Ghatasani in February, 1986, he was charge -sheeted by Divisional Forest Officer, Mandi vide Annexure PD memo dated 30.8. 1986 with the allegations of misconduct, mis -behaviour, negligence and connivance in smuggling of timber in Truck No. HID 6127, dereliction of duty and doubtful integrity. The alleged misconduct of the petitioner was enquired under Rule 14 of the CCS (CC&A) Rules, 1965 (for short Rules), Sh. H.S.Pathania, A.C.F. Mandi was appointed as Inquiry Officer, who submitted his report to the Disciplinary Authority and Disciplinary Authority imposed penalty of with -holding of five increments with cumulative effect vide punishment order dated 23.1.1989 Annexure PA.

(3.) THE Appellate Authority could not scrutinized the proceedings of Inquiry Officer as well as Disciplinary Authority where a complaint was lodged against Deputy Ranger and Kikkar Singh, Forest Guard, who were working with petitioner in that Check Post along with others such as Ashok Kumar, Bir Singh and Bishambher Singh, who were lateron acquitted in appeal No. 23/1989 by the learned Sessions Judge, Mandi vide order dated 2.12.1991 Annexure PF.