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IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Hakim Imtiyaz Hussain, J.
Gh. Hassan Marazi - Appellant
Versus
State Of J&K & Ors. - Respondent
SWP No. 1813/2007 And SWP No. 1848/2007
Decided On : 03 May, 2008
Suspension - Government Employee - Jammu & Kashmir State Forest Corporation - 1077-GAD of 2007, 381-FST of 2007 - The court dismissed the petition challenging the order of attachment and suspension of the petitioner. The suspension was based on the findings and recommendations of a high-level enquiry committee, which found irregularities in the Corporation, including the petitioner's involvement. The court held that the suspension was not based on malice or vengeance, but on the report of the enquiry committee.
Fact of the Case:
The petitioner, a General Manager in the Jammu & Kashmir State Forest Corporation, challenged his transfer and attachment with the General Administration Department, as well as his subsequent suspension. He alleged that the attachment and suspension were ordered by the Chief Minister for personal reasons, following the petitioner's rejection of representations from the Chief Minister's brothers for the allotment of trees.
Finding of the Court:
The court found that the suspension was based on the findings and recommendations of a high-level enquiry committee, which had found irregularities in the Corporation, including the petitioner's involvement. The court held that the suspension was not based on malice or vengeance, but on the report of the enquiry committee.
Issues: The main issue was whether the suspension of the petitioner was based on malice or personal reasons, as alleged by the petitioner.
Ratio Decidendi: The court held that the suspension was based on the findings and recommendations of a high-level enquiry committee, which found irregularities in the Corporation, including the petitioner's involvement. The court concluded that the suspension was not based on malice or vengeance, but on the report of the enquiry committee.
Final Decision: The court dismissed the petition challenging the order of attachment and suspension of the petitioner.
2. While the petition was pending by Order No. 381-FST of 2007 dated 19.12.2007, the petitioner has been placed under suspension with immediate effect by the Managing Director, J&K State Forest Corporation. The petitioner has challenged the order of suspension through a separate writ petition (SWP NO. 1848/07).
3. Various grounds have been taken by the petitioner to assail the order of suspension passed against him. Petitioners main grievance is that the attachment as well as the suspension of the petitioner has been ordered by the Chief Minister of the State for personal reasons. He states that when he was posted as General Manager in the State Forest Corporation he received a representation from one Mustaffa Azad, Contractor (brother of the present Chief Minister) marked by the Managing Director of the Corporation. The applicant had asked to get the trees of Compartment No. 27 & 28 Chiralla marked for extraction through Forest Department and allot the same to him. The petitioner alleges that on receiving the said representation he rejected it out rightly on the ground that no Contractor can ask the management to mark the trees and allot same to him; secondly a lot of work is pending execution with the said Contractor and he is not completing the said work, instead of completing the work he has asked for relaxation of working period. The petitioner states that in the same way one Sajad Azad, Contractor (another brother of the Chief Minister) made a representation which too was marked to the petitioner. In the representation the Contractor had asked the management to get the trees in Compt.12,17,18&19/ Padder Kishtwar and Compt. 58,59, 65/Neeru marked and take further action for allotment of the same but the petitioner rejected this representation too. Both the representations were moved on 17.3.2007. The petitioner alleges that the brothers of the Chief Minister got annoyed with the petitioner, in the meantime the management of the Corporation kept a huge quantity of about 30 lakh Cfts timber available in Jammu Division and put the same to tender in April & May 2007 but the contractors of Jammu Division boycott the said tendering process. The petitioner alleges that the main contractors of the Jammu Division are three brothers of the Chief Minister who represent the association of the contractors, so the leading contractors did not allow the petty class contractors to participate in the tendering process and get the work allotted in their favour. Various other allegations have also been made in the detailed petition filed by the petitioner.
4. Respondents 1, 3 &4 have in their reply denied the averments made by the petitioner. It is stated that the management of the Forest Corporation has never deviated from the rules and regulations, the petitioner has not been suspended due to any malafides or without any justification or reason. He has been suspended vide SFR Order No. 381-FSt of 2007 on the basis of the findings and recommendations of a high level enquiry committee. The Committee enquired into the act of mis-management/creation of artificial scarcity of the timber in the State and allied matters of Forest Department. The matter was entrusted to Shri B.R. Kundal IAS, the then Financial Commissioner, Home Department vide Governm
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