IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 5157 of 2008 Decided on : 24.11.2010 Fateh Din ..…Petitioner. Versus State of Himachal Pradesh and another …… Respondents. Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. Sanjeev Sood,, Advocate. For respondents : Mr. Anil Jaswal, Dy. Advocate General. V.K. Sharma, Judge (Oral) The petition has been filed for grant of the following substantive reliefs vide para 7 (i) to (iii):- “i) That the respondents be directed to re-engage the applicant back into service in the same place and capacity on which the applicant was working prior to his illegal dis- engagement. ii) That the respondents be directed to re-engage the applicant back into service with all consequential benefits w.e.f 5/6-2-1997 till the date of his re-engagement. iii) That in view of his long services under the respondents the respondents be directed to regularize the services o the applicant from the date persons junior to the applicant have been regularized.” 2. In reply on behalf of the respondents, the following averments have been set up vide para 3 and 6(ii) & (vi):- 1 Whether reporters of the local papers may be allowed to see the judgment?No., 2 “3. Admitted to the extent that applicant was involved in the criminal case and O.A. No. 597 was dismissed by Hon’ble Court. But the other dated 25.3.1998 of Hon’ble Court of C.J.M Nahan quoted in the para no where absolve the applicant from the charges. The order of the Hon’ble Court ask for separate institution of case after obtaining necessary permission/sanction, under Section 51 of Wild Life Protection Act, 1972. So the applicant can not be re-engaged since he is not absolved of the crime. 6(ii) Admitted to the extent that applicant appear for work during the year 1985 and ahs not completed 240 days in a calendar year till 1992 (Annexure R-1). He completed 240 days during the year 1993, 1994, 1995, 1996 and he was removed for acting contrary to very basis spirit & his duty i.e. protection of forests and Wild Life. 6(vi) Keeping in view the guide lines for regularization of daily wagers the applicant can be regularized in January, 2002. None of the junior has been regularized so far as submitted in paras above. The applicant has not been absolved from the crime so far. So he can not be taken back into service as already decided by Hon’ble Admn. Tribunal vide order dated 10-12-1997. “ The applicant was engaged as a Chowkidar to assist the Forest Guard for the prevention of forest crime instead of protecting he himself was involved in committing the forest crime as such I find no infirmity in the order of termination of the Services of the applicant.” 3. In view of the above reply, In case the petitioner still has any surviving grievance with regard to the factual and legal position, it will be open to him to approach respondent No.2, within one month along with copy of this judgment, who will look into the matter and take appropriate action in accordance 3 with law and justice after affording an opportunity of being heard to the petitioner, if so advised and appropriate orders thereon shall be passed within next three months. 4. With these observations the writ petition is disposed of so also the pending application(s), if any. (V.K. Sharma) Judge. 24th November, 2010 (lsp)