M.Y.EQBAL, AJIT KUMAR SINHA, J. - (1.) PETITIONER /appellant had preferred W.P.(S) No. 4162 of 2007 with the following prayers: (i) For issuance of an appropriate writ/Rule/Direction or writ in the nature of certiorari for quashing the office order No. 187 dated 28.12.2006 issued under the signature of the Conservator of Forest, Hazaribagh Circle, Hazaribagh communicated by letter No. 138 dated 10.1.2007 (Annexure -3) where by and where under a departmental proceeding has been initiated against the petitioner. (ii) For issuance of an appropriate writ/Rule/Direction or a writ in the nature of certiorari for quashing the office order No. 46 contained in Memo No. 920 dated 13.3.2007 issued under the signature of the Conservator of Forest, Hazaribagh Circle, Hazaribagh (Annexure -5) by which the petitioner has been put under suspension. (iii) For a direction to the respondents for payment of arrears of salary 18.6.2005 to 13.10.2005, which has not been paid to the petitioner for the reason best known to the respondents.
(2.) THE writ petitioner/appellant herein has challenged the office order No. 187 dated 28.12.2006 vide which a departmental proceeding was initiated for serious charges of tampering with the maps and other records of the Forest Department in order to give benefit to several persons and thereby causing great loss to the Government. He also prayed for quashing the office order No. 46, contained in Memo No. 920 dated 13.3.2007 vide which he was put under suspension. The main ground of challenge was that the authority, who passed the order, was neither the controlling nor the disciplinary authority of the petitioner. The learned Single Judge vide its interim order dated 30.01.2008 while granting lime for seeking instruction and filing counter affidavit, stayed the order dated 28.12.2006 under which departmental proceedings were initiated. However, on 07.03.2008 the said order was modified/clarified to the effect that the order dated 13.03.2007, putting the petitioner under suspension, shall remain stayed and not the order dated 28.12.2006 vide which the departmental proceedings was initiated.
(3.) IN view of the interim order dated 28.03.2008, passed by the learned Single Judge, the competent authority passed a fresh order of suspension on 17.4.2008. The matter came up for hearing on 6.5.2008 and the learned Single Judge held that since the charges related to the period when he was posted at Hazaribagh Circle and the appellant participated in the departmental proceeding and the Conservator of Forest, Hazaribagh, referred it to the Regional Conservator of Forest, Santhal Parganas Circle and thus the departmental proceeding initiated by Conservator of Forest, Hazaribagh, cannot be held to be bad. In any case the proceeding was continued by the Conservator of Forest, Hazaribagh Circle on the direction of higher authorities. It was also observed that passing of the order of suspension on 13.3.2007 can be said to be irregular but the same was cured and ratified by the competent authority after the order of suspension was referred to the competent authority. The learned Single Judge accordingly, dismissed the writ petition.;