Excelsior Correspondent
Srinagar, Mar 29: Despite Advocate General’s legal opinion, the Forest Department has challenged the verdict of writ court on reinstatement of forest official and release of his salary after a gap of more than four years.
Waking up from deep slumbers, the Forest Department has adopted to file an appeal against the Single Bench judgment passed in September 2013, after a gap of more than four year. Department was supposed to challenge the verdict within a period of two months as envisaged in statute.
Single Bench while deciding the petition of one Mohammad Shafi Dar (Forester) way back in 2013 had directed the Forest Department to release unpaid salary of Dar and also adjust him on a post commensurate with his status within a period of two months.
The base of the case, roots from registering of FIR in 2003 for committing of offence of cheating as also other charges were registered against the Forester and finally he was acquitted by the court of these charges and interestingly department has not preferred any appeal against the acquittal order.
The petitioner challenged his attachment order and stoppage of salary which the court granted in 2013. Sitting over the matter for such a long time has not only shattered the hope of petitioner with regard to implementation of court directions, but also dragged him to fight the litigation again after such a long period.
Opinion of legal experts have also been thrown to winds with regard to challenging the writ court verdict as no departmental inquiry was conducted and as per legal opinion filing of LPA would not be feasible.
Communication of Conservator of Forests Kashmir North Circle also reveals that department has also ignored the opinion of the then Advocate General with regard to the matter. As per the communication it is as per opinion of the AG who had made it clear that they are passing the order as no departmental inquiry has been conducted against the petitioner.
“In case the department has any material showing that departmental proceedings were initiated and culminated into an order of punishment against him and or same is pending, then LPA can be filed before Division Bench against the Single Bench Judgment”, reads the communication.
Communication further reveals the opinion of the then AG with regard to matter, that the petitioner stands acquitted from the criminal charges and there is no other charge sheet pending against him before the department or before any court of law.
“In absence of same, withholding of salary and other service benefits will be violation of his constitutional rights”, opinion of AG is referred in communication”.
Authorities itself in 2014 admit that it is too late to undertake a probe in the matter at this stage as the petitioner stands acquitted by the court of all charges leveled against him and in 2016 CCF orders directs for enquiry be conducted and completed within week’s time.
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