JUDGMENT :

VIVEK SINGH THAKUR, J.

1. Petitioners herein have approached this Court for quashing of FIR No. 69 of 2010, dated 3.5.2010, registered in Police Station Gohar, District Mandi, H.P. under Section 33 of the Indian Forest Act, 1927; Section 379 read with Sections 34 and 119 of the Indian Penal Code; and Section 14 of the Prevention of Corruption Act and consequential proceedings arising out of aforesaid FIR in Case No. 334 of 2013, titled State of H.P. vs. Mahant Ram and Others.

2. In present case, on the basis of rukka sent by Sub Inspector Madan Dhiman, FIR in question was registered, stating therein that during verification in the Wild Life Sanctuary Shikari Devi, 40 Pine trees were found to have been felled and there were signs of attempt to vanish the evidence of cutting those trees by burning remains of stem. Spot was also speaking about removal of timber and it appeared that these trees would have been felled within a period of two months. Considering it a case of illicit felling and theft of forest produce, case was registered under Section 33 of the Indian Forest Act and Section 379 of the Indian Penal Code.

3. During investigation, it was concluded by the Investigating Agency that petitioners Mahant Ram, the then Deputy Ranger, Nomeshwar Dutt and Khem Singh, the then Forest Guards had connived with other criminals for illegal felling, theft and transportation of forest produce, as it was their duty to protect the forest produce in the area concerned.

4. Department had also initiated Departmental proceedings by initiating an enquiry under the CCS (CCA) Rules 1965. In the charge sheet issued under Rule 14 of CCS (CCA) Rules, following charge were framed:

“1. Negligence in performance of Government duty that results in loss of Rs. 29,03,688/- to the Government exchequer.

2. Connivance with the offenders.”

5. On conclusion of Departmental proceedings, Inquiry Officer has submitted report, stating therein that Charge No. 1 was partly proved to the extent of dereliction and negligence in performance of Government duties and Charge No. 2 was not proved due to lack of documents/ evidence to show connivance with the offenders in the illicit felling.

6. Competent authority taking into consideration the inquiry report has concluded that the petitioners have been found guilty of dereliction and negligent in performing Government duties and they were warned to be more careful in future in discharging their official duties and responsibilities.

7. On perusal of record produced by respondent-State, no statement of any witness is there, alleging the involvement and conspiracy of petitioners with other accused for illicit felling, theft and transportation of forest produce. The petitioners have been arrayed as accused for their responsibility and duties in the area concerned to protect forest and forest produce. For the same cause Departmental proceedings were also initiated against them.

8. Petitioners, in Departmental proceedings, have been exonerated with respect to charges of connivance with the offenders. They have been found to be negligent in performing their duties, but the said negligence for want of evidence cannot be termed as criminal negligence or on account of conspiracy with other co-accused. The allegations leveled in the charge sheet are that Deputy Ranger, Mahant Ram and Beat Guards Nomeshwar Dutt and Khem Singh did not patrol in their area which resulted into commission of offence and, therefore, they have been arrayed as accused in Criminal Case.

9. It has been contended on behalf of petitioner that the very foundation, which was basis of lodging FIR and initiating Criminal Proceedings against the petitioners, has been vanished for their exoneration by competent authority in Departmental proceedings with respect to allegation of connivance with the offender and, therefore, in view of law laid down by the Apex Court, petitioners are entitled for quashing of FIR and Criminal Proceedings initiated against them on the bas