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Judgment
Akil Kureshi, CJ
Petitioner has challenged departmental proceedings instituted against him by impugned charge-sheet dated 30.11.2020. This charge-sheet contains one article of charge crux of which is that the petitioner while he was working as a Sub-Divisional Forest Officer, Sadar Forest Sub-Division, he failed to prevent illicit felling of 11 matured trees in the Government land and also failed to exercise his supervisory responsibilities over the staff including protection staff under his control. It is alleged that by his such action he tried to shield the contractor purportedly for mutual benefit.
For the petitioner, learned senior counsel Mr. T.D. Majumder submitted that the petitioner has already retired from service. The allegations are not sustainable. The petitioner had no role to play in illegal felling of trees. He also submitted that the sanction of the Governor was obtained on 30.11.2020 whereas the charge-sheet was already signed on 26.11.2020 by the disciplinary authority.
At this stage, it is not possible to terminate the charge-sheet proceedings. Firstly, the issues raised by the counsel for the petitioner are factual in nature and cannot be examined in a writ petition even before the departmental proceedings are completed. Whatever the defence the petitioner may have, he must appear before the departmental authorities and resist the allegations and proposed punishment. Secondly, the charge-sheet is issued on 30.11.2020 after obtaining proper sanction of the Governor as required. The mere fact of signing the draft charge-sheet on 26.11.2020 would not vitiate the proceedings. The date of issuance of charge-sheet is 30.11.2020 which is post sanction by the Governor.
In the result, petition is dismissed.
Pending application(s), if any, also stands disposed of.