^ iKli sa IN THE HIGH COURT OF CHHATTISGARH, AT- BILASPUR Writ Appeal No._L2d ot 2,010 ARJSING OUT OF W. P. (S) N0. 1468/2010, ORDER, DT. 6/4/10 AJWELLANT (PETITIONER) RESPONDENTS ; ^ Vinod Kuniar Lall, Aged - 62 years, S/o Shri Vipin Lall, Retired - Forest' Ranger, at - Indrawati Tiger Reserve, Beejapur, District - West Bastar (Beejapur), R/o 31, M. I. G., Tatiband, Raipur, District- Raipur (C. G.) y ER s us : / 1. State of Chhattisgarh ^^ ^<^~.' ^' Through - Its Secretaiy, Department of Forest, Mantralaya D. K. S. Bhawan, Raipur 2. Principal Chief Conservator of Forest (Territorial), Chhattisgarh, H. Q. - Aranya Bhawan, Raipur, Chhattisgarh. . 3. Deputy Director, •ge >»y Indrawati Tiger Reserve, Beejapur, District - West Bastar (Beejapur), Writ Appeal Under Section -2(1) ofthe Chhattisgarh Hieh Court (Appeal to Division Bench) Act,2006 The appellant mo'st respectfully begs to submit as under :- 1. Subiect in brief :- i s7;\ The appellant (petitioner) is challenging the impugned .y^^ -,'<• f!SVSW"i>^ ^\order, dt. 06/04/2010 passed in W. P. (S) No. 1468 of 2010 -^ s • ^ ^Jby the learned Single Bench of the High Court of C. G. (Shri J^*^ ^sfy justice Satish K. Agnihotri) whereby the writ petition Under Article - 226 of the Constitution of India submitted by the appellant (petitioner) has been dismissed. A copy of the ,r iliita '•'V«!^ /ig^ IF HI6H COURT OF CHHATTIS6ARH AT BILASPUR OIVISION BENCH: HON'Bl.E SHRI I.M.QU&&USI A HON'BLE SHRI N.K A6AKWAI.. 3J. W.A. N0.181/2010 Vinod Kumar Latl \ts PETITIONER RESPONDENTS State of C.6. A others Present: Mr. R.K. Kesharwanj, ^dvocate for the appellant. Mr. G.t>. Waswani, 6ovt. Advocate for the State. ORAl;JUD6MENT (Passed on 23"1 June. 2010) l.tk. Quddusi. J: 1. Heard. 2. This writ appeal is filed against the impugned order doted 06.04.2010 passed by the learned Sin9le Judge in W.P. (s) No.1468/2010. 3. The writ appeltant herein was not getting post-retiral benefits, therefore, he had filed the above mentjoned writ petition. 4. On perusal of the impugned order it revealed that the charge sheets were filed against the writ appeltant in the year 2004 & 2006 and the enquiry proceedings are pending and therefpre, retrial benefits have not been given to the writ appellant. The learned Single Judge disposed of the writ petition with the direction that the respondents shall conclude the enquiry as early as possible, preferably within a •period of four months and thereafter, take appropriate action in accordance'with taw. The learned Single Judge has further directed the respondents to consider payment of Leove Encashment and 6IS amount as there is no provision to withhold t'he same during the pendency of any enquiry. ina .«— ^^ • } 'fe '•^ 's If V.y.s».. 5. Learned counsel for the writ appellant submits that the impugned order *»as passed by the learned Single Jydge on 6.4.20t0 but since then no uction has been taken by the respondents. 6. We feel that for non-compliance of the directions of the learned Single Judge, the writ appellant has remedy to file contempt petition and writ appeal is not the proper remedy for the same. Therefore, we are not inclined to interfe.re. in the impugned order dated 6.4.2010 passed by the learned Singte Judge. But at the same time we feel that enquiry proceedings should be concluded as per d"'ections of the learned Single Judge, as the gratuity of the writ appellnnt has been withheld because of the pendency of enquiry, and if there is deliberate delay in conclusion of the enquiry due to carelessness of the officers involved in the enquiry proceedings for the department, it will be open for the department to conduct an enquiry for not concluding the enquiry proceedings expeditiously nnd in case the writ appellant will be entitled to get interest on the withheld amount and the same is paid by the ©overnment,in that case it wjll also be ppen for the 6'overnment to realize the part of the interest from the own pocket of the officers responsible for delay in conducting the enquiry. 7. A copy of this order shall be sent to the Secretary, Department of Forest, Principal Chief Conservator of Forest and Deputy Director, Indrawati Tiger Reserve, Beejapur, t)istrict West Bastar (Beejapur) for compliance. 8. Writ appeal is disposed of accordingly. No order as to costs. Sd/- I.M. Quddusi af ; Judge Sd/- N.K. Agrawal Judge