DHIAN SINGH Vs. STATE

JUDGEMENT

(1.) SUSPENSION of the petitioner made vide Forest Order No. 452 of 2003 dated 1 -11 -2003 issued by the Principal, Chief Conservator of Forests, Jammu is subject matter of challenge in the present writ petition. Petitioner was working as Range Officer, Dudu Range, Udhampur Forest Division. From the perusal of the impugned order, it is evident that the petitioner alongwith three other officials was placed under suspension on the allegation of illegal transportation of Chir Timber from Dudu Range, Udhampur Forest Division to Jammu. This suspension is pending inquiry. The suspension order has reference to the communication dated 10 -11 -2003 said to be issued by the Forest Minister. A copy of the said communication is also placed on the record. This communication is reproduced: - -

(2.) FROM the above, it appears that the Minister for Forest appears to have conducted some preliminary inquiry and found involvement of the officials named therein and accordingly directed the Principal Chief Conservator of Forests, Jammu to place the petitioner under suspension and attach him with the office of Chief Conservator of Forests, Jammu.

(3.) MR . O.P. Thakur, learned counsel appearing for the petitioner has challenged this order primarily on the ground that the suspension has been ordered by the Principal Chief Conservator of Forests, who is not competent to place the petitioner under suspension. It is further contended that the Minister Incharge is also not entitled to suspend the petitioner. Reliance is placed on Rule 31 of the Jammu and Kashmir (Civil Services Classification, Control and Appeal) Rules 1956, which reads as under: - -