A forest employee challenged a departmental proceeding he alleged was false and fabricated; charges were framed but the enquiry stalled for over two years. The court did not quash the proceeding and instead directed the disciplinary authority to conclude the enquiry within three months in line with a State circular.
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2025:CGHC:5072
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 789 of 2025
... Petitioner
versu
... Respondents
For Petitioner : Mr. B.L. Sahu, Advocate For Respondents : Mr. Soumitra Kesharwani, Panel Lawyer
Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board
28/01/2025
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appointed as Forest Guard posted at Taurenga, in the years 1986, since then petitioner was performing his duty efficiently without any complaint. Thereafter, the petitioner was transferred from Taurenga but the petitioner has not been relieved for transfer and rejected his transfer order, and again transferred to Jungle Safari Raipur on his own expenses and the petitioner has been relieved and posted at Jungle Safari Raipur on 31.08.2024 since then the petitioner is performing his duty. The petitioner was submitted application for leave to go out of station for treatment of his wife who is suffering from kidney ailment at Hyderabad and also for the treatment of his younger son who is suffering from lever related ailment, due to this, the petitioner was absent and not regular in his duty despite of that, the respondent authorities have framed 04 charges against the irregularities of the petitioner, which is absolutely false and fabricated. Thereafter, the petitioner has given reply while giving detail explanation to the framing of charges however, subsequently the respondent authorities have closed the departmental proceeding, due to said action, the petitioner is harassed and mentally tortured and it has adversely effected to his duty. Hence this petition.
10.1. this Hon'ble Court may kindly be pleased to call for the entire record pertaining from the respondent authorities for its kind perusal, in the interest of justice.
10.2. this Hon'ble Court may kindly be pleased to quash/set-aside the impugned departmental proceeding (Annexure P-1), in the interest of justice.
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10.3. this Hon'ble Court may kindly be pleased to direct the respondent no. 2 to decide the pending representation of the petitioner for seeking to appoint enquiry officer for fresh enquiry within stipulated time, in the interest of justice.
10.4. Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.
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directed to conclude the departmental enquiry according to circular dated 27.06.2024, which is pending since more than two years as such the concerned disciplinary authority is directed to conclude the departmental enquiry within a further period of three months.
Sd/-
(Amitendra Kishore Prasad) JUDGE
Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.01.31 17:40:31 +0530 vaishali
1 issue framed by the court
Whether the pending departmental enquiry against the petitioner should be concluded within a stipulated time frame.
Milan Ram Verma
State of Chhattisgarh through Secretary, Forest Department
Chief Conservator of Forest Raipur, Circle Raipur
Forest Divisional Officer Jungle Safari, Raipur
Amitendra Kishore Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
