2025:CGHC:2360 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved for Order on : 22.11.2024 Order Passed on : 14/01/2025 WPS No. 290 of 2019

1 - G. L. Mishra S/o Shri Gajanand Prasad Mishra Aged About 70 Years R/o Retired Deputy Ranger, P.O. Pali, District Korba Chhattisgarh.

--- Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Bhawan, P.O. Mantralaya, P.S. Rakhi, Atal Nagar, District Raipur Chhattisgarh.Chhattisgarh

2 - The Chief Conservator Of Forest, Circle Bilaspur, Bhakta Kawar Ram Gate, Sindhi Colony, District Bilaspur Chhattisgarh.

3 - The Divisional Forest Officer, North Bilaspur Division, Bilaspur, at Present Marwahi Division, Post Office Pendra Road, District Bilaspur Chhattisgarh.

---- Respondents For Petitioner : Mr. Vipin Tiwari, Advocate For Respondents/State : Mr. Ritesh Giri, Panel Lawyer Hon'ble Shri Justice Parth Prateem Sahu

C A V ORDER

1. Petitioner has filed this petition seeking following relief (s) :-

“10.1 That, the Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari quashing the impugned order dated 31.12.1991 (Annexure P-2) passed by the respondent no. 3 and the order dated 07.04.2018 (Annexure P1) passed by the respondent no. 2, in the interest of justice.

BALRAM PRASAD DEWANGAN Date: 2025.01.16

10.2 That the Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus commanding the respondents to refund the amount of pay and allowances withheld pursuant to the impugned order dated 31.12.1991 to the petitioner with interest at 18% per annum on the withheld amounts from the dates withheld to the date of refund.

10.3 That the Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus commanding the respondents to treat the period of suspension as period spent on duty.

10.4 That the Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the respondents to draw the annual increments due during the period of suspension till the impugned order 31.12.1991 and the Hon'ble Court may further be pleased to direct the respondents to make payment of the passed and countersigned T.A. bills amounting Rs. 3186/- along with interest at 18% per annum on the amount of increments and T.A. bills withheld deliberately till the date of payment.

10.5 That, the Hon'ble Court may kindly be pleased to call for the entire relevant records from the respondents. 10.6 That, any other order of orders or direction or relief though just and fit in the circumstances of the case may also kindly be granted.”

2. Learned counsel for petitioner submits that petitioner while working on the post of Forester was engaged for felling of bamboos at Coupe “C” Mukwa in production range Jatga North Bilaspur Division District Bilaspur. The felling of trees was on account of construction of exit path from Coupe. Petitioner has engaged about 40-50 labourers for felling of bamboo in Coupe “C”. Inadvertently the labourers felled the bamboos outside the boundary of Coupe “C” in Coupe “D” range and when petitioner came to know the mistake of labourers engaged by him, he immediately stopped the work of felling of bamboos and informed his senior of extra felling of bamboos by labours on 20.11.1988. During the course of inspection also he found some tress were cut by unknown person and he has also seen some illegal activities in compound 108, 109, 113 of which he has also made complaint. After conducting enquiry, it was alleged that by the negligent act, 344 trees have been felled illegally within one year in the compartment of 108, 109, 113 of Coupe “C”. Petitioner was served with a charge-memo and thereafter departmental enquiry proceedings was initiated against him. On 13 occasions, petitioner made request to supply the copy of field list of enumeration of illicit stumps of 344 trees. However, the said documents were not supplied. The documents were even not proved before the Enquiry Officer as they were not produced. Supp