IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 10.11.2025 Date of decision: 15.12.2025 Uploaded on : 15.12.2025 ARVINDER SINGH ..Appellant Versus STATE OF PUNJAB AND ORS.

..Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Sanjeev Sharma, Advocate for the appellant.

Mr. Animesh Sharma, Addl. A.G, Punjab Mr. Ravneet S. Joshi, DAG, Punjab.

SUDEEPTI SHARMA, J. (Oral)

1. The present regular second appeal is preferred against judgment and decree dated 07.10.2004, passed by learned Additional Civil Judge (Senior Division), Patiala, whereby, the civil suit filed by the appellant was dismissed and judgment and decree dated 04.05.2006 passed by learned Additional District Judge, Patiala, whereby, the appeal filed against judgment and decree dated 07.10.2004 passed by Additional Civil Judge (Senior Division), Patiala was dismissed.

BRIEF FACTS OF THE CASE

2. Brief facts of the case as per the pleadings in the civil suit are that the appellant was working as Forest Guard in Forest Range Office, Sirhind, District Fatehgarh Sahib and was holding the charge of Sirhind Beat No.2. The Range Officer, Sirhind auctioned 10 shisham trees in I.R.

Distributory in Sirhind Beat No.2 on 08.01.1997. Sh. Sukhwinder Singh, Contractor, Multani Timber Store, Ambala purchased 10 shisham trees in open auction. The contractor visited the Range Office, Sirhind where he met the appellant, who showed him 10 trees purchased by him as per auction list dated 27.03.1998. Sh. Sukhwinder Singh, Contractor engaged his men to cut 10 shisham trees purchased by him on 27.03.1998. The appellant along with Range Officer, Sirhind and Block Officer visited the site to check the trees being cut by Contractor on 28.03.1998 and found that men of Contractor had fallen 12 more shisham trees in addition to 10 shisham trees purchased by the Contractor. The Block Officer got the damage report book from appellant and issued damage report dated 28.03.1998 for two shisham trees against the above named Contractor as these trees were taken away by his men. The Contractor paid the compensation for two shisham trees. The remaining shisham trees lying at the site were loaded in tractor trolley and brought to the Range Office, Sirhind. The Range Officer, Sirhind sent the list of 10 shisham trees taken by him from the site of auction to the Divisional Forest Officer, Fatehgarh Sahib vide letter No.71 dated 06.05.1998. These trees were auctioned along with other trees by Conservator of Forest, South Circle, Patiala. The amount of 10 shisham trees auctioned were deposited in the Government Treasury.

3. The Divisional Forest Officer, Fatehgarh Sahib issued chargesheet to the appellant for loss of 12 trees, which were illegally cut by Sh. Sukhwinder Singh contractor vide memo No.326 dated 11.05.1998. The allegations levelled against the appellant was that he knowingly caused loss of trees and is negligent in his duty. Conservator of Forest, South Circle, Patiala, appointed Sh. Ajmer Singh, Range Officer, Rajpura as Enquiry Officer vide memo No.28 dated 14.05.1999. The appellant participated in enquiry proceedings and gave his statement before Enquiry Officer. The Enquiry Officer recorded the statement of Sh. Harinder Singh, Range Officer, Sirhind, Harinder Pal, Forestor and Sukhwinder Singh, Contractor, who admitted his guilt. The Enquiry Officer submitted his report to Divisional Forest Officer, Fatehgarh Sahib on the basis of statement of witnesses and as per evidence on record, the Enquiry Officer exonerated the appellant from charges framed against him as no evidence was available in the record. The Divisional Forest Officer, Fatehgarh Sahib agreed with the Enquiry Officer and exonerated the appellant from the charges framed against him vide his office order No.24 dated 24.02.2000, which were conveyed to the appellant vide endorsement dated 24.02.2000.

Conservator of Forest, South Circle, Patiala, who is Appellate Authority of appellant reviewed the orders passe