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2008 Supreme(SC) 1228

R.V.RAVEENDRAN, P.SATHASIVAM
STATE OF UTTARANCHAL – Appellant
Versus
KHARAK SINGH – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points:

  • The Supreme Court dismissed the appeal filed by the State of Uttaranchal against the High Court's order quashing the dismissal of a temporary Forest Guard from service.
  • The respondent was dismissed for allegedly concealing illegal felling of Sal trees and Kokat species in his beat, despite having certified in departmental diaries that no illicit felling occurred during his visits.
  • The enquiry conducted against the respondent suffered from serious infirmities violating the principles of natural justice.
  • The Enquiry Officer acted as the Investigator, Prosecutor, and Judge simultaneously, as he personally inspected the forest areas, secured answers from the delinquent, and concluded the enquiry without examining any department witnesses in the respondent's presence.
  • The Enquiry Officer exceeded his jurisdiction by recommending a specific punishment (dismissal) in his report, whereas only the disciplinary authority is empowered to propose punishment after considering the report.
  • The respondent was not furnished with the enquiry report or the documents relied upon by the Enquiry Officer before the disciplinary authority passed its order, depriving him of a reasonable opportunity to defend himself.
  • The High Court correctly quashed the dismissal orders dated 5.3.1986 and 27.4.1991 due to these procedural flaws, and the Supreme Court upheld this decision.

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JUDGMENT : P. SATHASIVAM, J.

1. This appeal is directed against the judgment and order dated 15.5.2006 of the High Court of Uttaranchal at Nainital in Writ Petition No. 606 of 2003 (SS) whereby the writ petition filed by the respondent herein was allowed quashing the orders dated 5.3.1986 passed by the Divisional Forest Officer, Haldwani Forest Division, Dist. Nainital and dated 27.4.1991 passed by the Conservator of Forest, Western Circle, Nainital dismissing the respondent from service.

2. The brief facts are stated as under: The respondent herein was a temporary Forest Guard and was posted in Nandhaur Range of Haldwani Forest Division, Nainital. In 1984, when he was incharge of Asani Beat in Nandhor Range of Haldwani Forest Division, illegal felling of 11 Sal trees and 24 Kokat species took place in Asani Beat Nos. 1, 3 and 5 which were allotted to the U.P. Forest Corporation for felling of marked dead, dying and diseased trees. In the diary maintained by the Department, during the months of March and April, 1984, the respondent visited the above compartments regularly and certified that there was no illicit felling of trees in his beat during the period under reporting.

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