( 1 ) SHRI Alisha Dullasha Saiyad-petitioner has filed this petition praying for quashing and setting aside order dated 1. 2. 1986 passed by the Chief Conservator of Forests removing the petitioner from service and also order dated 15. 12. 1986 passed by the Gujarat Civil Services Tribunal, Gandhinagar in appeal No. 156 of 1986 dismissing the appeal preferred by the petitioner at Annexure-L to the petition.

( 2 ) THE facts giving rise to this petition are as under:-2. 1 the petitioner was appointed as a Forest Guard on 31. 12. 1974. The petitioner was posted at Nakhatrana in Kutch District. The petitioner received a charge-sheet dated 25. 1. 1992 from the Conservator of Forests. In the aforesaid charge sheet three charges were levelled against the petition, namely, (1) misbehaviour with superior officers, (2) disobeying the orders of the superiors and (3) unauthorised absence from duty. 2. 2 the petitioner submitted his reply to the charge sheet on 12. 2. 1982. The petitioner denied the charges levelled against him in his reply. So far as charge No. 1 was concerned, it was stated in the reply that the petitioner had never misbehaved with his superior authorities. 2. 3 the petitioner stated that an Inquiry Officer was appointed to inquire into the charges levelled against him. Witnesses, namely, Shri Vinodbhai, Shri Jairamdas, Shri Manibhai, Shri Nanuji, Shri Dineshchandra, Shri Bhanuprasad and Shri Alisha were examined before the Inquiry Officer. 2. 4 the Inquiry Officer submitted his report dated 28. 2. 1983. The Inquiry Officer in his report came to the conclusion that all the charges levelled against the petitioner are proved. The Inquiry report is produced before this court. 2. 5 the Conservator of Forests, Mehsana, issued a show cause notice dated 11. 3. 1983 to the petitioner asking him to show cause as to why he should not be removed from service and asking him to submit his reply to the said show cause notice within a period of ten days thereof. The petitioner submitted his reply to the aforesaid show cause notice on 23. 3. 1983. The petitioner stated in the said reply that the charges levelled against him were not proved before the Inquiry officer. It was further stated that the Inquiry Officer had not considered the relevant record and had not considered the deposition of the witnesses. 2. 6 it was further submitted that Conservator of Forests, Bhuj, issued another show cause notice dated 23. 9. 1983 stating as to why the petitioner should not be dismissed from service. The petitioner was asked to tender his explanation. The petitioner submitted his reply on 10. 10. 1983 to the above said show cause notice wherein he has elaborately dealt with every aspect. The Conservator of Forests, Bhuj, passed an order dated 25. 10. 1983 dismissing the petitioner from service. 2. 7 being aggrieved and dissatisfied with the aforesaid order of the Conservator of Forests, Bhuj, the petitioner preferred an appeal to the Chief Conservator of Forests, Kothi Compound, Baroda on 31. 10. 1983. The Chief Conservator of Forests passed order dated 1. 2. 1986 modifying the order of dismissal of the petitioner. The Chief Conservator of Forests by his aforesaid order was pleased to remove the petitioner from service. The said order has been produced at Annexure-K to this petition.

( 3 ) BEING aggrieved and dissatisfied with the order of the Chief conservator of Forests dated 1. 2. 196, the petitioner preferred appeal, being appeal No. 156 of 1986, before the Gujarat Civil Services Tribunal, Gandhinagar who was pleased to dismiss the appeal of the petition by his order dated 15. 12. 1986. The Tribunal after taking into consideration of the submissions of the petitioner was pleased to observe as under:-"it is admitted position that an alteration had taken place on 10. 6. 1981 in the Rang Forest Office between the appellant and Range Forest Officer Mr. Mehta regarding non-payment of salary to the appellant. The behaviour of the appe