JUDGMENT :

SANJAY DHAR, J.

1. The petitioner, through the medium of present petition, has challenged SFC order No. 72 of 2000 dated 13.06.2000 whereby it has been provided that the petitioner is not entitled to draw pay in the grade of Supervisor-II, thereby denying him salary w.e.f. January 1994 to December 1996. Challenge has also been thrown to SFC order No. 379 of 2008 dated 15.10.2008 whereby promotion granted to the petitioner as Assistant Supervisor (Supervisor-II) in terms of SFC order No. 204 of 1993 dated 30.04.1993, has been withdrawn.

2. As per case of the petitioner, he was appointed as Field Assistant in J&K State Forest Corporation in the year 1981 and was posted in Rajouri Division of the Corporation. On the basis of the recommendations of the Departmental Promotion Committee, the petitioner was promoted to the post of Assistant Supervisor in the pay scale of Rs. 1200-40-1440-EB-50-2140 in terms of order dated 30.04.1993 (supra).

3. It appears that a complaint came to be filed against the petitioner alleging that he had produced a forged matriculation certificate with the Corporation for getting promotion to the post of Assistant Supervisor. An FIR for offences under Sections 467, 468,471,420 RPC was registered against the petitioner and the challan came to be filed against him before the Court of learned Sessions Judge, Rajouri on 30.09.1994. However, vide judgment dated 14.11.1995, passed by the learned Sessions Judge, the challan was dismissed and the petitioner was acquitted of the charges.

4. It seems that during pendency of the criminal proceedings before the Court of learned Sessions Judge, Rajouri, on the basis of an order issued by respondent No. 2, pay of the petitioner was stopped w.e.f. January 1994 to December 1996. Upon his acquittal, the petitioner filed writ petition bearing SWP No. 294/2000 before this Court seeking release of his salary for the aforesaid period. On 06.03.2000, a direction was issued by this Court to the respondents to look into the grievance of the petitioner.

5. In compliance with the aforesaid order, respondent No. 2 issued order No. 72 of 2000 dated 13.06.2000 whereby the claim of the petitioner for salary w.e.f. January 1994 up to December 1996 was held to be not tenable. Another Order bearing No. 76 of 2000 dated 19.06.2000 came to be issued by the respondents whereby the petitioner was placed under suspension and Regional Manager, West, was appointed as an Enquiry Officer to conduct the preliminary enquiry into the allegation that the petitioner had managed his promotion from the level of Field Assistant to the level of Assistant Supervisor (redesignated as Supervisor-II) on the basis of a forged matriculation certificate.

6. On 20.12.2004, order bearing No. 220 of 2004 came to be issued by respondent No. 4 whereby the petitioner was reinstated and it was further directed that the matter relating to promotion of the petitioner from the post of Field Assistant to the post of Supervisor-II shall be placed before the Departmental Promotion Committee for taking a decision whether the petitioner should continue on the promoted post or he should be reverted to his original post.

7. On 31.03.2004, a show cause notice was issued to the petitioner by respondent No. 2 whereby he was asked to show cause as to why his promotion to the post of Assistant Supervisor (Supervisor-II) granted vide SFC Order dated 30.04.1993 (supra) be not withdrawn and a fine of Rs. 500 for misrepresentation of facts be not imposed and also why a criminal case for cheating and fraud be not instituted. The said show cause notice was responded to by the petitioner. The respondents, after considering the reply filed by the petitioner, issued impugned order dated 15.10.2008 (supra) whereby promotion granted to the petitioner vide order dated 30.04.1993 (supra) has been withdrawn.

8. The petitioner has challenged the impugned orders (supra) on the grounds that the respondents have not conducted any inquiry before impos