IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 2899 of 2008, Reserved On: 18.5.2009. Decided on: _28.5.2009. Rajinder Singh. … … … Petitioner. Versus H.P. Forest Corporation … … … Respondents. and another Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?No.1 For the petitioner: Ms. Anjili Soni Verma, Advocate vice Mr. S.K. Soni, Advocate. For the Respondents: Mr. Vir Bahadur Verma, Advocate vice Mr. Bhupinder Singh, Advocate. Rajiv Sharma, Judge: The petitioner was appointed as Timber Watcher/daily wager in the respondent-corporation on 13.5.1985. He was posted as helper in lot No.4/92-93/Khair-Una. He supervised the work of felling/conversion in the lot and also carriage of khair wood from lot to roadside depot. He was responsible for issuing challans for the transportation of khair wood. The khair wood was purchased by M/s Mahesh Udhyog. A shortage of 916 khair billets equal to 17.4141m3 was found. The inquiry was got Whether reporters of local papers may be allowed to see the judgment?No. - 2 - conducted from the office of Sub Divisional Manager, Una. On the basis of the inquiry report furnished by him, the Divisional Manager, Una ordered recovery of Rs.85,221/- from eight persons including the petitioner. Ms. Anjili Soni Verma, Advocate has strenuously argued that the impugned order dated 22.3.1994 has been issued in violation of the principles of natural justice. She then contended that her client is not liable to pay a sum of Rs.500/- per month as directed vide office order dated 22.3.1994. Mr. Vir Bahadur Verma, Advocate has supported the issuance of order dated 22.3.1994. I have heard learned counsel for the parties and gone through the pleadings carefully. What emerges from the facts enumerated hereinabove is that the petitioner was responsible for felling and carriage of khair wood of lot No.4/92-93. He was responsible to issue challans etc. There was shortage of khair billets. The Sub Divisional Manager, Una as noticed above conducted an inquiry. The statement of petitioner was also recorded during the course of inquiry on 2.3.1994. I have gone through the contents of the inquiry report. The Inquiry Officer after taking into consideration the statement of witnesses and other documents including challans etc. has come to a definite conclusion that there was shortage of khair wood. He has recorded a specific finding that the challans were fictitious. The persons who were responsible for looking after the khair wood have made dummy entries. In fact no forest produce as per the inquiry report was received under the challans physically at the depot. The challans made in the depot register were not signed by any - 3 - person. These challans were issued at the R.S.P. and not from the forest. The petitioner along with other persons have been found responsible for the shortage of 916 khair billets. The shortage took place on 23.2.1993 and 24.2.1993. The inquiry report is self-contained. The impugned order is based on the inquiry report. The petitioner has been afforded reasonable opportunity during the course of inquiry proceedings. Accordingly, there is no merit in the present petition and the same is dismissed. No costs. May 28, 2009. (Rajiv Sharma) (rkv). Judge. - 4 -