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2017 DIGILAW 174 (UTT)

Van Kshetradikari Sangh v. State of Uttarakhand

2017-03-10

RAJIV SHARMA, SUDHANSHU DHULIA

body2017
JUDGMENT : Rajiv Sharma, J. “Key facts”, necessary for adjudication of this petition, are that the petitioner no.1 is association of Forest Range Officers of the Forest Department of the State of Uttarakhand. It is duly recognized by the State Government. 2. According to the averments made in the petition in the year 2013-14, there were 13 Forest Circles, 44 Forest Divisions and 284 Forest Ranges in the entire State of Uttarakhand. Out of 284 Forest Ranges, 244 Forest Ranges have been categorized as Territorial Forest Ranges and 40 Forest Ranges have been categorized as Non-Territorial Ranges (functional). The “Territorial Range” means the Range which consists of Reserved and Protected Forest Area. The terminology “Non-Territorial Range (Functional)” means the Range which has been formed to look after and execute the work related to forestry and soil conservation. 3. There are 199 Forest Range Officers in the State as per the final seniority list published on 09.10.2015. The Principal Secretary, Forest & Environment, Government of Uttarakhand had issued a Government Order dated 05.09.2013 in respect of posting of the Forest Range Officers of the Forest Department against the vacant posts. The gist of the order is that all the Deputy Forest Range Officers, who have been given the charge of the Ranges and holding the same, were to be immediately relieved and Forest Range Officers alone were to be posted against these posts. The Deputy Forest Range Officer could only be posted in the eventuality arising due to scarcity of the Forest Range Officer. 4. The Chief Conservator of Forest (Administration), Uttarakhand issued a communication to the Chief Conservator of Forests, calling upon him to comply with the directions contained in the letter of the Principal Secretary dated 05.09.2013. Similarly, reminders have also been issued from time to time to comply with the letter dated 05.09.2013. The representation was also made by the association on 23.07.2015, seeking enforcement of letter dated 05.09.2013. 5. It is also highlighted in the representation that Sections 65, 68 (3) of the Indian Forest Act, 1927 and Section 13 and 14 of the Uttar Pradesh Trees Protection Act, 1976, provides that certain action under the said Acts can only be undertaken by the Forest Range Officers. The Deputy Forest Range Officers were also working in National Parks and Sanctuaries in violation of the provisions of Wildlife Conservation Act, 1972. 6. The Deputy Forest Range Officers were also working in National Parks and Sanctuaries in violation of the provisions of Wildlife Conservation Act, 1972. 6. The petitioner no.1, Association has also sought information under the Right of Information Act. It was informed that in many Divisions, the Range charge has been given to the Deputy Forest Range Officer, whereas the regularly promoted Forest Range Officers have been posted in the functional (Non-Territorial) Divisions contrary to the letter dated 05.09.2013. 7. The reply, surprisingly, has been filed only by the respondent nos. 3 and 4. The gist of the reply filed by the respondent no. 3 is that in Kumaun Zone, 39 Forest Range Officers are available, who are posted in 13 Forest Divisions. Out of these, 21 Forest Range Officers were posted in Territorial Ranges and 10 Forest Range Officers were posted in the post of sanctioned Forest Range Officers in Soil Conservation Forest Division. There are 100 sanctioned posts of Forest Range Officers in Kumaon region, but due to scarcity of Forest Range Officers, the Deputy Forest Range Officers have been given charge of the range to manage the functioning of the range. The reason assigned for the post of Deputy Forest Range Officer is that they are more energetic and young. It has also been stated in the reply that necessary instructions have been issued to the subordinates to comply the order dated 05.09.2013. 8. Similarly, in the reply filed by the respondent no. 4, it has been stated that the available number of Forest Rangers in the Garhwal Zone has also been reduced drastically due to the fact that the posts were not filled up by way of direct recruitment. The Deputy Rangers have been given charge of Forest Rangers temporarily as a local arrangement. There are 77 Territorial Ranges and only 37 Forest Rangers are available in the zone. Letter dated 05.09.2013 is being ordered to be implemented. 9. The members of the petitioner no.1, association were appointed/promoted as Forest Range Officers. They are required to be given the posting commensurating their status. The State Government in its own wisdom has issued letter dated 05.09.2013, calling upon the Chief Conservator of Forest to ensure that all Deputy Forest Range Officers, who are working as Forest Range Officers (In-charge) in Forest Ranges, should be relieved with immediate effect and only Forest Range Officers should be posted. The State Government in its own wisdom has issued letter dated 05.09.2013, calling upon the Chief Conservator of Forest to ensure that all Deputy Forest Range Officers, who are working as Forest Range Officers (In-charge) in Forest Ranges, should be relieved with immediate effect and only Forest Range Officers should be posted. In case of shortage of Forest Range Officers, the Deputy Forest Range Officers, on the basis of seniority, can only be given the charge of Non-Territorial Forest Ranges. 10. There was also a caveat in the letter dated 05.09.2013 that those Deputy Forest Range Officers who have been found unsuitable for promotion from the post of Deputy Forest Range Officers to the Post of Forest Range Officers, shall be relieved from the charge. Thus, all the Deputy Forest Range Officers were to be relieved immediately and only Forest Range Officers were to be posted. The Deputy Forest Range Officers could only be posted to the Non Territorial Range strictly as per the seniority. The letter issued by the Principal Secretary, Government of Uttarakhand was required to be implemented in letter and spirit. The orders are to be implemented in administrative hierarchy. The sub-ordinate cannot disobey the lawful order of the superior officers. 11. However, the fact of the matter is that despite the letter dated 05.09.2013, the Deputy Forest Range Officers have not been relieved. The reason assigned to post the Deputy Forest Rangers is very whimsical. The reason assigned is that the Deputy Forest Rangers are more energetic and young. 12. We are of the considered opinion that there was no occasion for the subordinate officers to defy the letter dated 05.09.2013. There is neither any administrative exigency nor any public interest as to why letter dated 05.09.2013 has not been complied with till date. All the sub-ordinate officers were required to comply the letter dated 05.09.2013, as admitted in the reply by the respondent nos. 3 & 4 and despite that no cogent steps have been taken to relieve the Deputy Forest Rangers. The Forest Rangers are also required to discharge their statutory duties under Sections 65, 68 (3) of the Indian Forest Act, 1927, Section 13 and 14 of the Uttar Pradesh Trees Protection Act, 1976 as well as The Wild Life (Protection) Act, 1972. 13. The Forest Rangers are also required to discharge their statutory duties under Sections 65, 68 (3) of the Indian Forest Act, 1927, Section 13 and 14 of the Uttar Pradesh Trees Protection Act, 1976 as well as The Wild Life (Protection) Act, 1972. 13. In case the orders passed by the superior officers are not obeyed and implemented by the subordinates, it would lead to administrative chaos, harming the larger public interest. 14. Accordingly, writ petition is allowed. Respondent nos. 1 & 2 are directed to ensure due implementation/execution of letter dated 05.09.2013 in letter and spirit. All the Deputy Forest Rangers in sequel to letter dated 05.09.2013 shall be relieved forthwith and only Forest Rangers will be appointed against the posts held by Deputy Forest Rangers. Principal Chief Conservator of Forest, Government of Uttarakhand is directed to initiate disciplinary proceedings against the Forest Officers/Officials, who have defied the order dated 05.09.2013, with impunity, within a period of three months from today.