Forest Department
Rekha.....
(Querist) 06 February 2010
This query is : Resolved
Dear Sirs/Ma’am
V need ur urgent instructions and guidance for this matter.
V r not mentioning the names of our clients here. Our Clients are A and B
A and B are appointed as Asst forest ….Van Rakshak Sahayak in August, 2009. On 6/01/2010 they were on duty n received information on phone that one track bearing no. MH 18……… illegally transporting the “ SAGI WOODS “ and coming near the client’s area i.e. Vansda from Chikhli. They immediately taken action against the said truck and stopped the truck n by following the procedure they asked driver to get out from the truck. Meanwhile driver managed to escape from the truck n ran away.
Mr. A was only near the truck n Mr. B was following ,after suspicion, the guy who had taken 2-3 rounds around the said truck , to inquire that y he is following the truck. The guy had Violent altercation with Mr. B and beats him every where on the body in a such a way that Mr. B hospitalized for one day. Mr. B called his officer to file the FIR for the same but Mr. Higher officer asked him not to go for FIR n he was also out for training.
After this incident, up to 31 January the news was published in every local paper in favour of Our client. But on 1st Feb,2010 our Clients received “ Dismissal Letter “from the Forest Department n reason was “ negligence during the duty “ . From 1st feb all local news papers reported negatively and false facts that our clients are involved in the misappropriation of cash n mentioned the allegation of hiding “ SAGI WOODS “. Forest Dept has not given the opportunity to present their case. Taken Statements of our clients V seen that statement was found correct in favour of our client.. N Departmental Inquiry is going to be held in a very near future. How n Y they sacked our client???????
Please Guide us, instruct us, Inform us…V know whole Forest department of the region will affect. Any more information required plz inform us immediately.Pl. Pl.Pl.
Raj Kumar Makkad
(Expert) 06 February 2010
Immediately challenge the dismissal order before the civil court after serving the legal notice. No persona can be condemned unheard so you might have been issued with show cause notice, charge-sheet etc, prior to taking such harsh step without any basis.
Obtain all relevant documents and follow my opinion.
Sachin Bhatia
(Expert) 06 February 2010
agree with Mr.Raj Immediately challenge the order.
Parveen Kr. Aggarwal
(Expert) 07 February 2010
The Supreme Court has repeatedly held that in the absence of a notice and reasonable opportunity to a person to meet the case against him, the order passed becomes wholly vitiated. [Canara Bank and others vs. Sri Debasis Das and others reported in AIR 2003 Supreme Court 2041 wherein the Hon'ble Apex Court has analyzed in depth 'Natural Justice' and 'Audi Alteram Partem'.]
So the order is void and can be challenged as per procedure prescribed in the terms of appointment.
Sarjooram Sharma
(Expert) 07 February 2010
You can approach to Conciliation Officer/labour officer/ Assistant Labour commissioner and espose an inustrial dispute under Section 2A read with Section 10 of Industrial Disputes Act 1947 to challage the dismissal. The conciliation officer calls the parties and tries for settlement. If no settlements is possible, he refers to appropriate government and appropriate government refers the matter to labour court or industrial tribunal for adjudication. After adjudication an order in the form of award is issued and when it is published it becomes effective/ operative.In the award if the labour court orders for reinstatement of workmen with prious wages, the workman becomes entitled for reinstatement with back wages.
