Research › Search › Judgment

Himachal Pradesh High Court · body

2012 DIGILAW 801 (HP)

Madan Lal v. State of Himachal Pradesh

2012-11-06

DEEPAK GUPTA, RAJIV SHARMA

body2012
Judgment Deepak Gupta, J. 1. The petitioner, who is working as Garden Incharge, Herbal Garden, Neri, District Hamirpur under the department of Ayurveda, by means of this petition has challenged the office order dated 4.9.2012 whereby the petitioner has been assigned additional charge of Herbal Garden, Jangle Jhalera, District Bilaspur in addition to his normal duties at Herbal Garden, Neri, District Hamirpur. 2. The grievance of the petitioner is that there are four persons appointed as Garden Incharge and respondent No.3 Rajeev Thakur has never been posted in any Herbal Gardens and right from his initial appointment has only served in head office at Shimla. 3. On 20.09.2012 we had passed an order, relevant portion of which reads as follows:- “The grievance of the petitioner is that there are four herbal gardens in the State of Himachal Pradesh and there are four posts of Garden Incharge. The petitioner has more often than not, been given the dual charge at different stations, whereas respondent No.3 has managed to say in the office of the Director of Ayurveda at Kasumpti in Shimla. In the affidavit it shall be clearly stated how respondent No.3 – Rajeev Thakur, is being kept in the office of the Director of Ayurveda. List on 17th October, 2012.” 4. Affidavit in compliance to this order was passed and in this affidavit it was stated that respondent No.3 was appointed against the post sanctioned at Rakchham in district Kinnaur in the year 2002. It is further stated as follows:- “3. That the Department has constituted a Society for the development of Vanaspati Van to run the Vanaspati Van Project sanctioned for the State of Himachal Pradesh by the Ministry of Health and Family Welfare, Govt. of India with its headquarter in the Directorate of Ayurveda. 4. That the Department has no such person to run this Project at the headquarter level and the Herbal Garden Rakchham was not functional for which respondent No.3 was appointed. Therefore, in order to utilize the services of respondent No.3 and to make the above stated project functional respondent No.3 was assigned the work of this Project and headquarter was fixed at Directorate till the Herbal Garden at Rakchham become functional. Thus in this way the department has utilized the services of respondent No.3 and also made the project operational.” 5. Thus in this way the department has utilized the services of respondent No.3 and also made the project operational.” 5. In para 6 of the affidavit it was also stated that respondent No.3 is doing the work of State Medicinal Plants Board at Headquarter level. We are constrained to observe that this affidavit hides more than it reveals. Shri Mohan Chauhan, the Director of Ayurveda did not inform this Court that in fact the Vanaspati Van Project was wound up in the year 1999. We expect that Government officials when they file affidavits should not only speak the truth but should not conceal any material facts and should not make any false submissions. Sh. Mohan Chauhan, is, therefore, warned to be careful in future. A copy of this judgement be sent to him by the Registrar General. 6. After we passed the said order, the State filed reply stating therein that the additional charge of Herbal Garden Jangle Jhalera assigned to the petitioner has been cancelled on 12.10.2012. May be the grievance of the petitioner has come to an end but the fact is that there is no explanation by the Department of Ayurveda as to why the private respondent is being retained at Shimla. There is no explanation why respondent No.3 is not posted at a herbal garden for which he was engaged. There are four herbal gardens in Himachal and there are four persons appointed as Herbal Garden Incharge. We fail to understand why the petitioner and two other persons, namely, Ujjawal Deep Sharma and Sheetal Kumar Chandel alone should be posted in the herbal gardens and respondent No.3 be posted at Shimla alone. Each herbal garden must have its own incharge and therefore, we direct that Rajeev Thakur be appointed as Garden Incharge of Herbal Garden, Jangle Jhalera, District Bilaspur within two weeks from today. 7. The petition is disposed of in the aforesaid terms. The Registrar General of this High Court is directed to send a copy of this judgement to Shri Mohan Chauhan, Director (Ayurveda). No costs.