/ c^ IN THE raGH.,Q3MT._^LCHHATTISQARH AT BI.LAS^l%. ^ Pil.P.NO. 2-(S;L30 GF 2003. ,/ ^ N' !. ,/' PETITIONER /• Jaisingh Tekam, S/© Shri Qhansai Tekam, A©e<3 aboyt 59 y©ars>Raftg®Officer, Forest Ran§|@, Tapkara, District Jashpur, (C,G«)« ISIil^ ^A BESPOND&N1S .^.^" ^ ^? .••• . -<'<^y" ^. ^.^=lo.y'' ^,^'*-1^ %^" ^ 1. State of Chha-fe-tisgarh, Through $ Th®Secacetaiy, Forest Oepartment, D,K.S» Bhavan RaS^ur, (C.G.)* 2. Th®Divisional Forest Officer, Jashpur Qivision» Jast^ur, District Jashpur > (C»G«)• /" ,,//"' WRIT PETIT[03 WE6R ARTIC1£ 226/227 OP Ti£ GONSIITUHON OF INDIA FOR ISSUSi QF. ^__APffiO IAI£ %IT IN T NATURE GP MANDAMUS/GERTI.QBAM..S3C. OH' DIHECTIC^/GRD£R IN THE LIKE NATIRE ETC. ~T~ XI-HC-22 ^sn^T^r t^ri^^n^T 5b^icb ^a '5^r';^PTFPT, ^Ti1<-t^<o, fa<nwy 3n^?r ti5W U^.P.(PO •1-030 HW^I aiHicb 200 •^I^T' ^I^Id^l't TTIWif ^ 'fe^t ^T^R ^3iF<lH 3H^T 4.8.2003 Petitionerby Shri R. M. fl)aadey, Advocate, Respondent/State by Djr. N. K. Shukla, Additional Advocate General, In compliance ofthe onl^rdt 25.7.2003 Shri R.C. Raigar, Chief Conservator of Forest is presenjt ia person. By this petition uader ^rticle 226 f 227 of the Constitution of India the petitioner has raised ^he grievaace that he has not been paid saiaiy along with deamess all^wance from the montih of March to the month ofJune, 2003. The peti^ioner has received the salaiy up to the month of Febmary 2003. Tljie respondent No.2 has stopped the payment of salaiy to the petitjioner from the mouth of March, 2003 without any rhyme and reasoi^ aad therefore fhe petitioner is facing finaacial hai-dship. The petitioj aiid 9.6.2003 aad he is going t\ rcspondents may be dirccted March, 2003 with 18% interest Retuni has been filed ou has been mentioned fhat fhe Bagicha submitted a report |ier made representations on 5.7.2003 |) retire on 31st July, 2003 thereforc the [to pay the salaiy from the month of behalf of fhe respondents in which it pupermtendent, Badalldiol Sanctuary, |on 4.5.2003 to the efifect that the 4- h.iS^S^.^' — T XI-HC-22 -S^T-^T ^i^b ^TT^T 5fri4-ii<^ <if^a ^ ^o? <<JN!C<I^ ^xil^^Ko, fa<ni^y 3^?r '^ra? ^l^^l $hH|cb ' """"""""""""*'"*"*^F^ 200 fN^T' ^^r^^TT^^fin petitioner is abscondiag froDi caUed from fhe petitioner unautib.orized absence, withm. 23.6.2003. Thercafter, a Answering Respondent No,2 prepared on 24.6.2003. issiied to fhe petitioner reply/explaaation has been sul tibiat tlie petitioner has not March,2003 to June,2003 bi niaterial fact fhat he was n0 4is duty, fherefore an explaaation was flbr explaio.mg fhe reasoii of such period of seven days vide letter dt. enquiry was conducted by the [aiid the Paachnama was also ^ again aa explaaation letter was lon 9.7.2003 to which also no detslHed Therekfter wifhout prior permission to Thcrefore fhc petition be dismi^ I have heard learned Learaed Additional Advo< on duty aiid it was further i^vealed <^l^i<n<ilt 'RFT^if *? fe^t <F3i^l< ^ 3iP<?H ^n^r ^mitted by the petitioner, It is admitted )eeu paid salaiy from fhe montihi of Lt fhe petitiouer has suppressed the attending his duty aad absconding aain absent during the aforesaid tiaie. sed. rcdaiD. coutisel for fhe parties, ate General drew attention offhe Court {3,6.2003 by which explaaation of the he was not found on duty, aad at on 24.6.2003 when the Divisional tiat towards Auncxure R/2 dated petitioner has been sought Anuexiire R/3 also shows ^ Forest Officer was on visit to P^arayaapur fhe petitionerwas not found that the petitioner was absent ~^~ XI-HC-22 ^ "S^S ^ITqT^R, ^^i<o, fa<vl<^y 3T(^T ^^fS •^V^^^......................•."•-..•••••^ 200 '^^T' 3?1^T^RT ^iFF^ni^ ^H\^ ^I Sc 31i^T ^<!TW^f^T during the inonth of March, Apr4 dutyonly between 24dl May, 2003| fhe rcBiaimng period he was not o4 Shri Shukla submits fliat m| fhe Respondent No,2, the petition^ far, In view of the above facts fhe and May, 2003. He remaiaed on to 6th June 2003 aad m respect of duty. spite of fhe explanation sought by ?r has not submitted any reply so salaiy for flie aforcsaid period has not been paid to the petitioner, Leamed counsel for fhe petii ready to submit his explanation to In view of ttie above facts No.2 is dirccted that after filing oftjie will take fhe appropnate decision |aiid pass fhe final order under flie |with regard to his salary for flie p^ri |has not been paid his salaiy for thi^ In view of fhe above obsexvaltions lof. <bNd^1"l ^Wd^^'fe^i^^K ^3?N^3??^T ioner subnuts fhat fhe petitioner is fhe Respondent No,2, 4md circumLstaaces the respondent explanation by the petitioner, he }ia tihie m.atter as early as possible Jconduct and discipliaary niles aud ^riod of March to July, 2003, as he period, this petition stands disposed Sd/- L.C. Bhadoo Judge sP* \^ ^' [Tft^ ^Hsi^