Nand Kumar Pandey v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10578 of 2019 • Nand Kumar Pandey S/o Late Shri Govindram Pandey Aged About 65 Years Occupation Retired Forest Ranger, Production And Depot Gariyband, District Gariyaband Chhattisgarh R/o Village And Post Nagri, Ward No. 03, Jangal Para Nagri, Tahsil Nagri, District Dhamtari Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Forest Department, New Mantralaya, Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh

2. The Principal Chief Conservator Of Forest Chhattisgarh, Aranya Bhawan, Sector 19, Atal Nagar, New Raipur District Raipur Chhattisgarh

3. The Additional Chief Conservator Of Forest Chhattisgarh, Aranya Bhawan, Sector 19, Atal Nagar, New Raipur District Raipur Chhattisgarh

4. Chief Conservator Forest Raipur Circle, District Raipur Chhattisgarh

5. Divisional Forest Officer Gariyband Division, District Gariyaband Chhattisgarh ---- Respondents For Petitioner :

Shri R.S. Patel, Advocate For Respondents/ State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/12/2019 Heard.

1. Learned counsel for the petitioner submits that the petitioner retired on 31.07.2016 subsequently after his retirement on 02.07.2019 he was served with charge sheet and list of documents upon which the respondents relied, however, he has not been served with any documents so that he can file substantive reply or challenge the departmental enquiry itself in any competent forum. The petitioner has filed a representation (Annexure P-2)

for supplying the documents but it has not been considered till date.

2. Perused the documents.

3. Perusal of the documents shows that in any case if charge sheet has been served on the basis of certain documents then in order to ascertain the role of the petitioner himself, he must be allowed to go through the documents. Therefore, following the principle of natural justice the petitioner is entitle to get entire set of documents which the State has relied on. Consequently, the respondents are directed to supply the entire set of documents which are relied on charge sheet as early as possible. The petitioner if so advised shall be at liberty to seek further redressal after verifying the documents.

4. In the meanwhile, till the documents are supplied the departmental enquiry shall not be proceeded with.

5. With the aforesaid observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti