- (1.) THE present writ petition has been preferred for the following reliefs: - 1. For issuance of an appropriate writ(s), order(s), direction(s) or a writ in the nature of certiorari for quashing of the order passed in the Departmental Proceeding which was communicated to the petitioner vide Memo No. 1415 dated 8.9.1995 (Annexure -1) whereby and whereunder punishment has been imposed upon the petitioner. 2. For quashing of the appellate order (Annexure -6) whereby the appeal preferred by the petitioner was disposed of with slight modification in the punishment that he was put in the minimum salary was set aside further the other punishments were upheld in which it was said that his two annual increments will be withheld which will affect his annual increments in future permanently and during the period of suspension apart from subsistence allowance he will not get anything.
(2.) THE facts in brief are set out as under; - The petitioner was working as a Forest Guard and was put under suspension for the charges leveled against him for carelessness against the assigned responsibility, for showing gross indisciplinary disobedience order of senior officer (Negligence of Absolute Duty) and furnishing wrong information, for being negligent in protecting forest assets and for not furnishing correct and timely information of illegal felling of the trees by antisocial elements. A departmental proceeding was accordingly initiated and after affording sufficient opportunity following punishment was imposed upon him; (i) He was reverted to minimum salary of Forest Guard, (ii) Two annual increments was withheld, which affected his annual increments in future permanently, (iii) He was reinstated in service from the date of issuance of order, (iv) During the period of suspension apart from subsistence allowance he will not get anything, The petitioner made a representation on 29.10.1995 to the Conservator of Forest, South Circle, Chaibasa, stating that the punishment imposed upon him in the departmental proceeding was illegal and made a request to review the matter after perusing the documents on record. The petitioner also preferred an appeal on 11.2.1996 before the Conservator of Forest, South Circle, Chaibasa. In the meanwhile the petitioner preferred a writ petition C.W.J.C. No. 2654/99 (R) against the punishment and also for speedy disposal of the appeal.
(3.) HOWEVER , the respondents in their counter -affidavit filed therein informed that the appeal was disposed of on 5.11.1999 and the writ petition was accordingly withdrawn with liberty to challenge the subsequent development and punishment.;