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Himachal Pradesh High Court · body

2018 DIGILAW 157 (HP)

Court on its own motion v. State of H. P.

2018-01-12

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT : Sanjay Karol, J. On the basis of letter petition, addressed to this Court, taking suo motu cognizance, petition was registered, in which notices were issued. 2. Ms. Vandana Mishra, Advocate, was requested to assist the Court as Amicus Curiae. 3. Devi Singh Chandel, resident of House No. 244, Ward No. 2, PO Hamirpur, Himachal Pradesh, in his letter petition, alleged lawlessness in the Forest Department of the Government of Himachal Pradesh, resulting into wastage of public money. Also various lapses were committed in promoting and posting of the officers at places other than the field. All this has resulted into drain on the exchequer and overstaffing in the offices rather than in the fields. 4. On 25.07.2017, posing following questions, we directed the Principal Chief Conservator of Forests, Himachal Pradesh, to file his personal affidavit:- (a) What are the total sanctioned posts of Guards, Block Officer, Deputy Ranger, Range Officer, Assistant Conservator of Forests, Divisional Forest Officer, Conservator and Principal Chief Conservator of Forests in the State of Himachal Pradesh? (b) How many of such posts are lying vacant? (c) How many persons holding a particular post are performing the job pertaining to some other post? (d) At the ground level (District), how many posts are lying vacant and what steps have been taken/are being taken for filling them up. (e) How many field officials are deputed to perform office duties? 5. He has filed his affidavit stating that due to the shortage of forest guards and their promotion to the post of Deputy Rangers, Forest Beats were left unattended. Also the forest guards were promoted to the post of Deputy Rangers on “in-situ” basis by way of interim arrangement. 6. 5. He has filed his affidavit stating that due to the shortage of forest guards and their promotion to the post of Deputy Rangers, Forest Beats were left unattended. Also the forest guards were promoted to the post of Deputy Rangers on “in-situ” basis by way of interim arrangement. 6. The exact position qua the sanctioned strength and the number of vacancies with respect to different cadres was clarified by the Pr.CCF, H.P., vide affidavit dated 28.07.2017, in the following terms:- (i) Forest Guard (a) Sanctioned strength 2581 Number of beats 2041[beats/50[Check-Posts] (b) Number of vacant beats 90 (c) Number of Forest Guards performing the job pertaining to some other post 41 [looking after work of vacant Blocks] (d) Number of posts lying vacant 68 (e) Number of Forest Guards, deputed to perform office duties 112 [including Forest Guards working as Range Assistants] (ii) Deputy Rangers:- (a) Sanctioned strength 801 Number of Blocks 572[Blocks] (b) Number of vacant Blocks 41 [Blocks] (c) Number of eputy Ranger performing the job pertaining to some other post 10 (d) Number of posts lying vacant 68 (e) Number of Deputy Rangers, deputed to perform office duties 45 (iii) Range Forest Officers:- (a) Sanctioned strength 296 Number of Ranges 195 (b) Number of vacant Ranges 10 (c) Number of Range Forest Officer performing the job pertaining to some other post None (d) Number of posts lying vacant 109 (e) Number of Range Officers, deputed to perform office duties 02 (iv) Assistant Conservator of Forests (ACF) a Sanctioned post 53 ACFs in Cadre division 22/non cadre division 12 and functional post 19 b Number of posts 19 (in HPFS cadre) (v) Divisional Forest Officers (DFO) The Cadre post of DFO are managed by officers of rank of DCF (IFS) and non cadre posts are managed by HPFS officers. (a) Deputy Conservator of Forests (IFS Cadre Post) a Sanctioned strength 29 (in cadre) In addition, there are also 6 DCFs post on Central deputation (6)/State Deputation (3) as per IFS Cadre rules and (1) on the job training. b Number of vacant posts 18 Against 18 posts of DCFs, HPFs officers have been posted as Divisional Forest Officers. (a) Deputy Conservator of Forests (IFS Cadre Post) a Sanctioned strength 29 (in cadre) In addition, there are also 6 DCFs post on Central deputation (6)/State Deputation (3) as per IFS Cadre rules and (1) on the job training. b Number of vacant posts 18 Against 18 posts of DCFs, HPFs officers have been posted as Divisional Forest Officers. c Number of DCFs performing the job pertaining to some other posts 05 DCFs posted in non Cadre Division/post (5) (b) Divisional Forest Officers (HPFS) a Sanctioned post (non cadre divisions) 17 In addition, there are also 6 DCFs post on Central deputation (6)/State Deputation (3) as per IFS Cadre rules and (1) on the job training. b Number of vacant posts 01 One post is managed by DCF c Number of DFOs working against other post 18 In addition to 16 non cadre post, HPFS officers also manage the 18 posts of DCF (cadre division) d DFO (in functional divisions) 31 2 IFS officers are working in functional post of HPFS. (vi) Conservator of Forests a Sanctioned strength 18 (in cadre) In addition, CFs working against Central deputation (2)/State deputation (4)/Leave(1)/Training Reserve & Other posts under the IFS Cadre rules. b Number of vacant posts 04 No Territorial or Wild Life Circle is vacant. The vacant posts pertain to functional Circles. c Number of CFs performing the job pertaining to some other posts 03 These CFs working against the post of CCFs (vii) Chief Conservator of Forests A Sanctioned strength 14 (in cadre) In addition, there are 13 CCFs working against Central deputation (5)/State deputation (6)/Leave/Training Reserve & other posts as per IFS Cadre rules. b Number of vacant posts 02 Both vacant posts of CCFs are being managed by additional charge c Number of CCFs performing the job pertaining to some other posts 07 The CCFs working against the post of APCCFs(1) The CCFs working in against the post (viii) Addl. Pr. Chief Conservator of Forests a Sanctioned strength 07 (in cadre) In addition, 9 APCCFs are working against Central deputation (5)/State deputation (4)/Reserve, as per IFS Cadre rules. b Number of vacant posts 06 The work of these posting is being looked after by PCCFs. c Number of APCCFs performing the job pertaining to some other posts 01 One APCCF is working against the post of CCFs. (ix) Pr. b Number of vacant posts 06 The work of these posting is being looked after by PCCFs. c Number of APCCFs performing the job pertaining to some other posts 01 One APCCF is working against the post of CCFs. (ix) Pr. Chief Conservator of Forests a Sanctioned strength 08 (6 posts of PCCFs created temporarily with the approval of Cabinet). In addition, 5 PCCFs working against Central deputation (3)/State deputation (2)/Reserve as per IFS Cadre rules. b Number of vacant posts 03 The process for filling up the post of PCCF (HoFF) has been initiated and this post is likely to be filled u shortly. 7. Further Court was informed that process for filling up the vacant posts is in progress. 8. Vide affidavit dated 11.09.2017, Additional Chief Secretary (Forests), further informed the Government to have taken decision in the following terms:- “4. … … … It is submitted that it has been decided by the Govt. that in future promotions will be effective only against the higher post and no in situ joining be accepted and the deponent has issued instruction in this behalf vide letter No. FFE-A-(B)16-7/2016 dated 23.06.2017 to the Principal Chief Conservator of Forest (HoFF) and Principal Chief Conservator of Forest (Wildlife)-cum-Chief Wildlife Warden, H.P. for compliance. It is, further submitted that as far as the issue of in situ promotion of 129 Forest Guards is concerned, report from the Pr. CCF (HoFF) HP would be sought and ensure that the instructions issued vide order dated 23.6.2017 by the Deponent are complied with letter and spirit by the Department.” 9. Significantly, in the very same affidavit, State through the Additional Chief Secretary (Forests) informed that process for filling up the posts, more specifically that of forest guards and their placements is under way and necessary action for deployment shall be taken at the earliest. 10. Prior to the filing of the said affidavit, learned Amicus invited our attention to the fact that the State Government framed Rules known as Rules Regulating the Grant-in-Aid Scheme, 2002 (hereinafter referred to as the Rules), but however there was reduction in the number of Joint Forest Management Committees constituted thereunder and that funds to the tune of Rs. 4 Crores (approximately) remained unutilized on account of lack of matching grant to the extent of 10% to be borne by the State Government. 11. 4 Crores (approximately) remained unutilized on account of lack of matching grant to the extent of 10% to be borne by the State Government. 11. Consequently on 23.10.2017, this Court directed the Sate to file affidavit explaining the same. In the affidavit dated 11.09.2017, the Additional Chief Secretary (Forest) to the Government of H.P., admitted the position with regard to the reduction of committees and non utilization of the funds/grant issued by the Central Government. 12. On 29.09.2017, Additional Chief Secretary (Forests) to the Government of H.P., filed his personal affidavit further explaining the position with regard to the committees in the following terms:- “As per guidelines of Government of India, the State Forest Development Agency (SFDA), HP has been registered under HP Societies Registration Act, 2006 on 4th February, 2010. Village level Joint Forest Management Committees have also been registered under this scheme and presently 963 Joint Forest Management Committees are functional. During the year 2014-15 budget under NAP amounting to Rs.72.53 lac was allocated to the State Forest Development Agency (SFDA) and further made available to the JFMCs through division level FDAs. No funding has however been received from Government of India to the State for the years 2015-16 & 2016-17. During these years the unspent amount pertaining to previous years was utilized by various JFMCs. During the financial year 2017-18, an Annual Plan of Operation amounting to Rs. 404.47 lac has been approved by the Government of India. Out of this amount Rs.364.02 lac is Centre Share (90%) and remaining 10% share i.e. Rs. 40.45 lac will be borne by the State Government. The funds on receipt will be allocated to the FDAs to be spent by JFMCs as per their Annual Work Programmes as soon as the installment is transferred into the account of SFDA. The funds are utilized strictly as per operational guidelines of the scheme. Detailed account of Grant-in-aid received and expenditure incurred is being maintained properly and audited by the accredited CA.” 13. Having perused the affidavits and the material so placed on record by the learned counsel, we are of the considered view that the present petition can be disposed of in the following terms:- (i) State shall take all steps for not only filling up all posts lying vacant, but also depute the officers in the field. Having perused the affidavits and the material so placed on record by the learned counsel, we are of the considered view that the present petition can be disposed of in the following terms:- (i) State shall take all steps for not only filling up all posts lying vacant, but also depute the officers in the field. 2041 beats and 50 Check-posts cannot be left unmanned and as such first priority must be given to fill up the posts of Forest Guards, Deputy Rangers, Range Forest Officers and Assistant Conservators of Forest. This shall be positively done within a period of four months, for we notice that the process of filling up the posts is under way; (ii) The Forest development Societies under the Rules referred supra be constituted, so as to ensure maximum participation of the civil society and the institutions at the grass root level particularly the villagers and the functionaries dealing with the Panchayati Raj Institutions; (iii) No “in-situ” promotion shall be made, as undertaken by the Government, vide affidavit dated 11.09.2017, relevant portion whereof is extracted here-in-earlier. Since the Government has taken a decision, we are not elaborating on the legality with regard to such promotions made thus far, clarifying that it shall be open for the Government to reconsider/revise its decision and take action for restoring status qua ante. Also the issue can be adjudicated in an appropriate lis before an appropriate Forum; (iv) Noticeably 66% of the State geographically area falls under forest cover. Field staff is devoid of any infrastructure. A forest guard has none to support himself or his bona-fide actions in the field. He is helpless. The Department does not supply him a weapon. Also the Range Forest Officer does not have a vehicle for himself. Why so, remains unexplored and unexplained. Even an ATM is guarded by a CCTV camera and a guard with a gun. In Himachal Pradesh most of the forest wealth is in the shape of trees of different species fetching high value. Cases of illicit felling are on the increase. One tree of Deodar specie alone can fetch more than Rs. 10-15 lac. Now forest wealth, which is vulnerable, cannot be allowed to be looted and plundered or remain unprotected by fully unequipped staff. Cases of illicit felling are on the increase. One tree of Deodar specie alone can fetch more than Rs. 10-15 lac. Now forest wealth, which is vulnerable, cannot be allowed to be looted and plundered or remain unprotected by fully unequipped staff. It is in this backdrop, the Government must consider supplying a weapon and a vehicle at an adequate level of hierarchy of an officer; (v) The Government’s decision of disbanding forest check posts on the various roads, has not achieved the desired results; at least it acted as a deterrent with the transportation of illicit forest produce by the forest mafia. With doing away of these forest check posts, all have got a free hand; timber after illicit felling is freely transported from one forest range to another and one forest division to another; in fact, saw mills are not being checked on periodical basis and all this has resulted into illicit felling of trees, for personal consumption of persons raising building/houses in urban areas. The real brunt of the problem is being faced by the field staff, as the learned Amicus rightly points out maximum number of felling illicit forest trees, has taken place in District Chamba, a distant place and not easily accessible by roads; it is in this backdrop, State must consider adequately equipping the field staff with all gazettes and infrastructure; (vi) The Government must adhere to the Transfer Policy and not post the staff in their home Districts save and except in accordance with law. 14. In view of the above, we see no reason to keep alive the present petition and as such the same is closed. Before parting, we wish to place on record appreciation qua the efforts put in by Ms. Vandana Mishra, Amicus Curiae, who, on the instructions of this Court, contacted letter petitioner and obtained necessary feedback. 15. Also learned Amicus Curiae undertake to communicate the outcome of the present petition to the letter petitioners. With the aforesaid observations, present petition stands disposed of.