High Court grants 45 days to decide in suspension case

Source: The Hitavada      Date: 05 Oct 2017 10:44:52


 

Legal Correspondent,

In the matter related to suspended Forest Ranger praying for a direction to the respondents to take an appropriate decision in the matter of departmental enquiry, which is pending against the petitioner, the single bench of the Madhya Pradesh High Court comprising Justice, Vandana Kasrekar has directed the respondents to take an appropriate decision on the basis of charges admitted by the petitioner dated on August 29, 2017 within a period of 45 days.


The single bench has heard the petition filed by the petitioner Sunil Kumar Jain, suspended Forest Range Officer against the Principal Secretary, Forest Department, Bhopal and Principal Chief Conservator of Forest, Bhopal.


The petitioner has filed the present petition, praying for a direction to the respondents to take an appropriate decision in the matter of departmental enquiry, which is pending against the petitioner. Facts of the case are that a chargesheet was issued to the petitioner on May 11, 2016, alleging certain irregularities. The petitioner has filed reply to the said chargesheet. Thereafter, Inquiry Officer was appointed for conducting the departmental enquiry against the petitioner.


The petitioner has filed an application before the Inquiry Officer dated on August 29, 2017 thereby petitioner has admitted the charges stating that there is no provision under the Madhya Pradesh Forest Financial Code for conducting the financial sanction from the competent authority. He further submits that the petition may be disposed of by directing the respondents to take final decision on the basis of the application submitted by the petitioner dated on August 29, 2017.


Government Advocate appearing on advance copy submits that the departmental enquiry has already been initiated against the petitioner. However, as the petitioner has admitted the charges vide application dated on August 29, 2017, therefore, an appropriate order will be passed on the said application. The apex court, in the case of Channabasappa Basappa Happali versus the State of Mysore, has held that, where the delinquent admitted all the relevant facts on which the decision could be given against him, it could not be said that the enquiry was in any breach of principles of natural justice.


Thus, in view of the aforesaid judgment, the petition filed by the petitioner is disposed of by the single bench of MPHC with a direction to the respondents to take an appropriate decision on the basis of charges admitted by the petitioner dated on August 29, 2017 within a period of 45 days.
Advocate D K Tripathi appeared on behalf of the petitioner, while N S Chouhan, Government Advocate for the respondents/State.