HAFIZ NAZIR JAN Vs. STATE FOREST CORPORATION
LAWS(J&K)-1999-9-2
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 28,1999

HAFIZ NAZIR JAN Appellant
VERSUS
STATE FOREST CORPORATION Respondents

JUDGEMENT

- (1.) PETITIONERS, Assistant Supervisors and Field Assistants in J and K. State Forest Corporation were placed under suspension on August 11, 1988. By order No. 251 of 1991 dated January 5, 1991 (Annexurep-7), while reinstating all four petitioners alongwith other two employees of the Corporation, Managing Director, J and K State Forest Corporation, ordered:- " (a ). . . . . . . . . . . . treating the period of suspension as leave whatever due and the remaining period as dies-non; (b) Recovery of cost of 59 Deodar logs 1322 cft of timber at commercial rates (Govt. Department rates) fixed for 1988-89 in equal ratio from the following officials: - (i) S/shri Nasir Jan, Asstt. Supervisor, (ii) Nazir Ahmad Ganai, Asstt. Supervisor, (iii) Imtiaz Ahmad Khan, Field Assistant, (iv) Nazir Ahmad Peer, Field Assistant, (v) Ab. Rehman Koka, Field Assistant, and (vi) Kawi Paul Singh, Field Assistant. (c) A ban is imposed on promotion of these officials for a period of three years. (d) These officials shall not be posted to any Sales Division for a period of five years from the date of this order. "
(2.) THIS order of Managing Director Forest Corporation is impugned in this petition on the grounds that the petitioners were not served with the articles of charge and grounds therefor, neither they were allowed to cross-examine the witnesses nor afforded any opportunity of being heard to defend themselves before the Enquiry Officer and place their case before the Enquiry Officer. The subject of enquiry is fraudulent sale of timber from Narabal Sales Depot-I, in which the petitioners are alleged to be involved and regarding which on enquiry the impugned order has been passed. The post-enquiry notice of proposed punishment is not accompanied by the Enquiry Report and does not even indicate what punishment is proposed against the petitioners. The provisions of Chapter X of J and K State Forest Corporation Regulations of 1991, which provide for the disciplinary proceedings, have not been adhered to. Regulations 116 and 117 have been breached. The mandatory procedure has not been complied with. The impugned order is prayed to be quashed on these grounds.
(3.) RESPONDENTS have failed to file reply. The consideration, of the petitioner's allegations and preliminary objections of the other side, culminated in admitting the petition on February 10, 1992. Despite repeated opportunities extending over number of years as respondents failed to file counter, the right to file reply was closed.;


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