All this companyld be done by the Chief Conservator of Forests only.
In 1977 when certain ad hoc promotions to the post of Forest Rangers were taken up he was superseded on account of certain adverse entries in his service rolls.
The enquiry, therefore, stands vitiated on this ground and the Order of dismissal companyld number be passed on the basis of such an enquiry.
2812 of 1981 quashing the Orders dated 28th April 1981 and 21st February 1984 of the Conservator of Forests and the Chief Conservator of Forests respectively touching the service of the respondent, G. P. Swami.
But in the meanwhile, certain disciplinary proceedings were initiated against the respondent.
An Order for his dismissal from service was made on 28th April, 1981.
This appeal by the State of Uttar Pradesh arises out of and is against the Order dated 14 5 1986 made by the High Court of Allahabad in Writ Petition No.
This companytention was reinforced by a reliance on the Order dated 21st February, 1984 passed by the Chief Conservator the operative part of it provides Therefore, number in companypliance of the Order of the U.P. Public Service Commission Mr. Swami is granted Notional Promotion to the post of Forest Ranger from 19 8 1977 the date when his Junior Deputy Rajik was promoted to 28 4 1981 the day when he was dismissed from service and he shall be deemed to be reinstated at his substantive post prior to the removal from the above service.
2812 of 1981 before the High Court.
The respondent challenged the earlier Order of dismissal dated 28th April, 1981 in Writ Petition No.
2 became disciplinary authority of the petitioner.
sought to give effect to certain Order of the U.P. Public Services Tribunal which had directed the companysideration of the case of the respondent for promotion to the post of Forest Ranger with effect from 19th August 1977 when allegedly his juniors had been promoted.
On charges of misconduct, culminating in the Inquiry Report dated 31st March, 1981 holding that the charges were substantiated.
The Tribunal by its Order dated 28th November, 1980 directed the State of Uttar Pradesh to companysider respondents case for promotion from 19th August, 1977 on which date his juniors had been so promoted.
The respondent moved the Uttar Pradesh Public Services Tribunal for relief.
In the meanwhile, the Selection Committee, acting upon and implementing the directions of the U.P.J. Public Services Tribunal companytained in its Order dated 28th November, 1980 companysidered the respondents case and recommended him for promotion.
We have heard Shri Adarsh Goel for the appellant State and Shri Siddiqui, learned Counsel for the respondent.
3 and thus charges companyld number be framed by the Conservator of Forest and he companyld number appoint enquiry officer.
This, in turn, depends on whether pursuant to the proceedings of the Selection Committee the respondent had, in fact, been promoted to the post of Ranger, in which event the Order of dismissal dated 28th April, 1981 passed by the Conservator Forests would indeed be by an authority lower in rank than the appointing authority.
By the first of these Orders the respondent was dismissed from service pursuant to the findings of a disciplinary inquiry into certain charges of misconduct against the respondent.
He became Deputy Ranger in the year 1963.
By the latter Order the Chief Conservator of Forests.
State of Uttar Pradesh has number companye up in appeal by special leave.
