W.P.No. 5213 / 2010(S)
21-06-2010
Shri Rajneesh Gupta, counsel for the petitioner.
The petitioner has filed this petition claiming continuation
as accountant on contract basis by the respondent No.2. It is
submitted by the learned counsel for the petitioner that in spite of
the orders/recommendations of the Collector to that effect on the
representation filed by the petitioner, the respondent No. 2 has
not done so. It is submitted that the petition be disposed of with a
direction to the respondent No. 2 to consider and decide the
aforesaid representation.
In view of the aforesaid, without entering into the merits of
the case the petition filed by the petitioner is disposed of with a
direction to the respondent No. 2 to consider and decide the
petitioner’s case duly taking into account the recommendations of
the Collector, expeditiously preferably within a period of two
months from the date of furnishing a copy of the order passed by
this Court today along with a copy of the petition by the petitioner
before the said authority.
With the aforesaid directions the petition filed by the
petitioner stands disposed of.
C.C. as per rules.
(R.S.Jha)
Judge
mct
W.P.No. 3938 / 2010
(Ram Manohar Tiwari .. v. ..State of MP & others)
07-05-2010
Shri V.P.Nema, counsel for the petitioner.
The petitioner has filed this petition being aggrieved by the
order dated 3-10-2009 passed by the Divisional Forest Officer,
Tikamgarh and the order dated 1-1-2010 passed in appeal by the
Conservator of Forest, Chhatarpur.
The case of the petitioner before this court is tht the
petitioner who at the relevant time was posted as Forest Guard, in
the Sukoura Range was allotted Government quarter.
Subsequently, he was given charge of a beat in Tikamgarh
Range. On 8-9-2009 a notice was issued to the petitioner asking
him to vacate the quarter or to submit his explanation by
22-9-2009. As the petitioner failed to furnish his explanation by
the aforesaid date, by orders dated 1-10-2009 and 3-10-2009 the
Divisional Forest Officer, Tikamgarh has directed recovery of
penal rent from November 2008 to October, 2009, i.e. a total sum
of Rs.16,000/- from the petitioner. The appeal filed by the
petitioner has also been dismissed by Conservator of Forest,
Chhatarpur by order dated 1-1-2010.
It is submitted by the learned counsel appearing for the
petitioner that the notice issued to the petitioner was received late
by him i.e. on 29-9-2009 and on receiving the same he has
immediately submitted his reply but the respondent-authority
without considering the same has imposed the aforesaid minor
punishment of recovery on the petitioner and the contention of the
petitioner to this effect was also raised before the appellate
authority in appeal but the same has also been mechanically
rejected.
From a perusal of the impugned order dated 3-10-2009 and
the reply filed by the petitioner to the show cause notice, Ex.P-7,
it is apparent that the authority did not consider the reply filed by
the petitioner to the show cause notice dated 1-1-2009 and,
therefore, the reasons for occupation of the quarter as stated by
the petitioner were not taken to the account by the said authority
while considering the matter. The petitioner is a Forest Guard and
he has stated that he continued in occupation of the said quarter
being orally permitted to do so by the Divisional Forest Officer. In
such circumstances, it is apparent that the interest of justice
required the authority to consider the reply filed by the petitioner
before passing the order of punishment.
In the circumstances, without entering into the merits of the
case the petition filed by the petitioner is disposed of by
remanding the matter back to the Divisional Forest Officer,
Tikamgarh to take a fresh decision on the issue relating to the
occupation of the Government quarter by taking into the
consideration the reply filed by the petitioner. The said exercise
be completed by the authority as expeditiously as possible
preferably within a period of two months from the date the
petitioner furnishes a copy of the order passed by this Court today
along with a copy of the petition before the concerned authority. It
is further directed that in case the petitioner furnishes a copy of
the order passed today along with a copy of the petition on the
Divisional Forest Officer, Tikamgarh within a period of ten days
from today, the said authority shall not recover or deduct any
amount from the petitioner’s salary pursuant to the impugned
order till a fresh decision is taken by the authority in accordance
with law in view of the directions issued by this Court.
With the aforesaid directions the petition filed by the
petitioner stands disposed of.
C.C. as per rules.
(R.S.Jha)
Judge
mct