KARAMDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has moved this Court under Article 226, Constitution of India for quashing the order of dismissal passed against him by the Chief Conservator of Forests, Bihar (Opposite Party No. 2) on 20-7-1954.

(2.) The petitioner was appointed a forester by the Conservator of Forests in the year 1946, and in December, 1950, was placed in charge of Kodalibad Beat with Head quarters at Thalkobad in the Saranda Division of Forests in the District of Singhbhum. On 14-7-1952, the divisional Forest Officer framed certain charges against him and he was called upon to give his explanation with regard to them. He, accordingly, submitted his explanation on 29-4-1952. In the meantime on 21-4-1952, the Divisional Forest Officer filed a petition of complaint against him and some other persons before the Sub-divisional Officer, Chaibassa, and they were put on trial under Ss. 409 and 120B, Penal Code and Section 26, Indian Forest Act. On 31-3-1953, the criminal case ended in favour of the petitioner; he was acquitted. Thereafter, on 27-4-1953, he applied for his reinstatement, whereupon he was informed by the Divisional Forest Officer on 4-5-1953, that the enquiry started on the charges framed against him on 14-4-1952, shall proceed and he was directed to attend the same on 21-5-1953. He, therefore, put in an objection that the above charges were dealt with and found not to have been established in the criminal trial and as such, no departmental enquiry could be held on those very charges. This objection was overruled and he was asked to attend the enquiry which was fixed to be held on 23-5-1953. He, thereafter, declined to take part in it and it was held on that date in Ms absence. From the papers produced before us by the learned Government Pleader it appears thaG before the above date the petitioner had written to the Divisional Forest Officer that as he was the prosecutor in the criminal case referred to above, he should not assume the role of a Judge in this enquiry. The Divisional Forest Officer, in view of this representation, submitted his findings on the charges levelled against the petitioner to the Conservator of Forests on 12-6-1954, who disagreed with the view taken by him and referred the matter to the Chief Conservator of Forests. The latter agreed with the view taken by the Divisional Forest Officer and provisionally decided to dismiss the petitioner from Government service. On 1-3-1954, therefore, the Conservator of Forests acting under the Orders of the Chief Conservator of Forests asked the petitioner to show cause as to why he should not be dismissed. On the same date it was intimated to the petitioner that certain further charges were framed against him on 19-2-1954 and he was asked to submit his explanation with regard to the same. On 9-3-1954, he showed cause which was forwarded to the Chief Conservator of Forests on 24-3-1954 with comments of the Divisional Forest Officer thereon. The Chief Conservator of Forests found the charges framed against the petitioner on 14-4-1952, and 19-2-1954, established and passed an order dismissing him on 20-7-1954. He has, therefore, prayed for issue of a writ in the nature of certiorari for quashing the above order of the Chief Conservator of Forests.

(3.) The first point taken on behalf of the petitioner is that the order of dismissal in question was based substantially on the allegations which were the subject matters of the charges in the criminal trial in which he was acquitted, but, in law, they could not be valid grounds for his dismissal. In order to appreciate this point, it will be necessary to notice as to what were the charges in the criminal trial and on what charges the order of dismissal was passed. The charges-that were originally framed against the petitioner by the Divisional Forest Officer on 14-4-1952, were as follows: