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1967 Supreme(MP) 50

P.V.DIXIT, R.J.BHAVE
Lal Audhraj Singh – Appellant
Versus
State of M. P. through Secretary to Forest Department, Bhopal – Respondent


Advocates:
G.P. Singh, for Petitioner; K.K. Dubey, Govt. Advocate, for Respondent.

Judgement

DIXIT, C.J. :- The petitioner in this case seeks a writ of certiorari for quashing an order passed by the Government on 21st December 1965 withholding "with cumulative effect" one increment in his scale of pay as the Assistant Conservator of Forests.

2. On 27th January 1954, when the applicant was holding the post of Range Officer, he was charged for negligence in the discharge of his duties in that he failed to inspect a coupe between 13th May 1952 and 22nd February 1953, which alleged failure resulted in illicit extraction and removal of material from the coupe by a Forest Contractor. By the chargesheet served on the applicant, he was also asked to show cause why he should not be dismissed from service or awarded one of the punishments detailed in rule (1) Para 3 of Part I, Serial No. 13 of the Book Circular of the Madhya Pradesh Government. The petitioner gave his reply on 4th March 1954 denying the allegation of negligence. Nothing happened thereafter till 15th April 1963.

In the intervening period of over nine years from 27th January 1954, the petitioner was promoted in 1956 to the post of Assistant Conservator of Forests in the grade of Rs. 250-25-400-EB-30-580. After











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