GANESB RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners herein, 18 in number, have prayed for quashing of the Order No. 11 dated 13-1-1994 (Annexure-7) where by the head-quarters of the petitioners have been changed during the period of their suspension. They have also paayed for a direction or order to the respondents not to compel the petitioners to sign the attendance register at their respective head-quarters during the period of suspension.

(2.) The facts as appear from the writ petition are as follows : Petitioners 1 and 2 were working as Forester, petitioner No. 18 as Tractor Khalasi and the other petitioner as Forest Guard, and were posted at various strtions in the Champaran Forest Project Division-2, Bettiab. The different stations at which the petitioners were posted fall within the jurisdiction of four police stations. The petitioners have been placed under suspension in connection with criminal cases and disciplinary proceedings intiated against them. The case against them is that rather than in collusion with the local population and other Government officials in illegally transporting the fallen timber from the forest in question. The allegations disclose that large felling of trees has taken place within their jurisdiction, and they had failed to report the matter to higher authorities. It is alleged that the facts discovered in the course of inquiry point to their complicity in the illegal felling of trees in collusion with other It is also not disputed that criminal cases have been registered against them for various offences under the Indian Penal Code and the Forest Act It is also not in dispute that disciplinary proceedings have been initiated against the petitioners for the misconduct alleged. The respondents assert that their illegal activities have resulted in severe loss to the State Exchequre, apart from denuding the forest.

(3.) In these circumstances the petitioners were placed under suspension, and separate orders were passed placing them under suspension These orders have been annexed as Annexure 6 series. The Project Director while placing the petitioners under suspension fixed their head-quarters at the office of the Project Deputy Director, Chairman, Forest Project Division-l, Bettiah The case of the petitioners is that Bettiah is at a distance of about 100 KM. from the places where the petitioners were posted before they were placed under suspension. In obedience to the orders of suspension the petitioners reported at the head-quarters fixed in the suspension orders were being paid their subsistence allowance according to rules However, Chief Conservator of Forest-cum-Managing Director, of the respondent-Bihar State Forest Development Corporation Ltd., a Government Company, issued the impugned office order No 11 dated 13-1-1994, changing the headquarters of the petitioners during the period of their suspension. The headquarters of the petitioners have been sought to be fixed at different places such as Patna, Muzaffarpur, Purnea. Deoghar, Bhagalpur and Gaya which are more than 300 K..M. away from Bettiah, The petitioners are required to sign attendance register everyday at their respective head quarters even though they are under suspension. The petitioners contend that the change of head-quarters during the period of their suspension amounts to an order of transfer and is not permissible. They also contend that they will have to incur heavy expenditure in attending the departmental proceeding as also the criminal proceedings pending against them, if they have to travel all the distance to take part in these proceedings. On these facts the petitioners have prayed that the order changing their head-quarters-Annexure 7, as also the direction to them to mark their attendance at the head-quarters be quashed.