Madhya Pradesh High Court
Nilesh Chouhan vs The State Of Madhya Pradesh on 11 September, 2023
Author: Vivek Rusia
Bench: Vivek Rusia
-1-
IN THE HIGH COURT OF MADHYA PRADESH AT
INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 11th OF SEPTEMBER, 2023
WRIT PETITION No. 9384 of 2023
BETWEEN:-
MANISH PAL SINGH RATHORE S/O SHRI CHANDRA PAL SINGH, AGED
ABOUT 31 YEARS, OCCUPATION: FOREST GUARD OFFICERS COLONY,
FOREST CAMPUS, BADNAWAR, DISTRICT DHAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P.
1. FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING -D, SATPUA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT DHAR MANDAV ROAD, DHAR
5.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9385 of 2023
-2-
BETWEEN:-
MAYARAM BHOJAWAT S/O LATE SHRI RAGHUNATH JI BHOJAWAT,
AGED ABOUT 58 YEARS, OCCUPATION: FOREST GRAM RALAMANDAL,
DISTRICT INDORE. (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH FOREST DEPARTMENT THROUGH
1. ADDITIONAL SECRETARY VALLABH BHAWAN, DISTRICT BHOPAL.
(MADHYA PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
WING D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT INDORE, NAVRATAN BAGH,
5.
FOREST CAMPUS, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9395 of 2023
BETWEEN:-
SURENDRA SOLANKI S/O SHRI SHANTILALJI SOLANKI, AGED ABOUT
29 YEARS, OCCUPATION: FOREST GUARD GRAM PIPARNI TEHSIL
SARDARPUR, DIST. DHAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P.
FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA
-3-
PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3. BASEMENT FLOOR WING D- SATPURA BHAWAN BHOPAL 462004
(MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT DHAR MANDAV ROAD, DHAR
5.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9397 of 2023
BETWEEN:-
PRAHLAD PANWAR S/O SHRI PUSHPKUMAR, AGED ABOUT 56 YEARS,
OCCUPATION: FOREST GUARD 115/2 SHRI RAM NAGAR, PALDA,
DISTRICT INDORE (MADHYA PRADESH)
.....PETITIONER
(SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH FOREST DEPARTMENT THROUGH
1. ITS ADDITIONAL SECRETARY VALLABH BHAWAN, DISTRICT
BHOPAL. (MADHYA PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING -D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FORESTT OFFICER DISTRICT INDORE, NAVRATAN BAGH,
5.
FOREST CAMPUS, INDORE (MADHYA PRADESH)
-4-
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9409 of 2023
BETWEEN:-
DILIP RELWANI S/O LATE SHRI SHRICHAND JI RELWANI, AGED ABOUT
49 YEARS, OCCUPATION: FOREST GUARD 197 KRANTI KRIPLANI
NAGAR, ANNPURNA DISTRICT INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH FOREST DEPARTMENT THROUGH
1. ITS ADDITIONAL SECRETARY VALLABH BHAWAN, DISTRICT
BHOPAL. (MADHYA PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT INDORE NAVRATAN BAGH,
5.
FOREST CAMPUS, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9416 of 2023
BETWEEN:-
AMAN MALVIYA S/O LATE SHRI MAHESH MALVIYA, AGED ABOUT 23
YEARS, OCCUPATION: FOREST GUARD, PARYAVARAN VANIKI,
DISTRICT INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRIARPIT KUMAR OSWAL, ADVOCATE)
-5-
AND
THE STATE OF MADHYA PRADESH FOREST DEPARTMENT THROUGH
1. ADDITIONAL SECRETARY VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER NAVRATAN BAGH, FOREST CAMPUS,
5.
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9417 of 2023
BETWEEN:-
RAHUL SOLANKI S/O SHRI VEERBHADRA SINGH SOLANKI, AGED
ABOUT 36 YEARS, OCCUPATION: FOREST GUARD FOREST CAMPUS,
DISTRICT DHAR. (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH FOREST DEPARTMENT THROUGH
1. ADDITIONAL SECRETARY VALLABH BHAWAN, DISTRICT BHOPAL.
(MADHYA PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
-6-
DISTRICT FOREST OFFICER DISTRICT DHAR MANDAV ROAD, DHAR
5.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9418 of 2023
BETWEEN:-
KAMLESH LODWAL S/O SHRI RAMESH CHANDRA LODWAL, AGED
ABOUT 42 YEARS, OCCUPATION: FOREST GUARD R/O 360, PANCHAM
KE PHEL, MALWA MILL INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY
1.
VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3. BASEMENT FLOOR WING D- SATPURA BHAWAN BHOPAL 462004
(MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER FOREST COLONY, NAVRATAN BAGH,
5.
DIST. INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9419 of 2023
BETWEEN:-
ABHISHEK SIKARWAR S/O SHRI VIRENDRA SINGH SIKARWAR, AGED
ABOUT 29 YEARS, OCCUPATION: FOREST GUARD 209-A,
VISHWAKARMA NAGAR, INDORE (MADHYA PRADESH)
-7-
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P.
1. FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, BHOPAL (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT INDORE, NAVRATAN BAGH,
5.
FOREST CAMPUS, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9420 of 2023
BETWEEN:-
SANTOSH BARCHE S/O SHRI PURSHOTTAM, AGED ABOUT 60 YEARS,
OCCUPATION: FOREST GUARD CAMPUS CHORAL, MHOW DISTRICT
INDORE. (MADHYA PRADESH)
.....PETITIONER
(BY ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH FOREST DEPARTMENT THROUGH
1. ITS ADDITIONAL SECRETARY VALLABH BHAWAN DISTRICT
BHOPAL. (MADHYA PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
-8-
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT INDORE, NAVRATAN BAGH,
5.
FOREST CAMPUS, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9421 of 2023
BETWEEN:-
BHUPENDRA JARWAL S/O SHRI KISHANLALJI JARWAL, AGED ABOUT
44 YEARS, OCCUPATION: FOREST GUARD R/O 102, DR. AMBEDKAR
NAGAR DISTT. INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY
1.
VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT INDORE, NAVRATAN BAGH,
5.
FOREST CAMPUS, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9422 of 2023
BETWEEN:-
ASHARAM CHOUHAN S/O SHRI MOTE SINGH, AGED ABOUT 42 YEARS,
OCCUPATION: FOREST GUARD GRAM PUPATTA TEHSIL DHARAMPURI,
-9-
DISTRICT DHAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P.
1. FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT DHAR MANDAV ROAD, DHAR
5.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9423 of 2023
BETWEEN:-
SHAKTI UPADHYAY S/O SHRI ASHOK UPADHYAY, AGED ABOUT 34
YEARS, OCCUPATION: FOREST GUARD R/O VRINDAVAN VIHAR
COLONY DISTT. DHAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY
1.
VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
-10-
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT DHAR MANDAV ROAD, DHAR
5.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9424 of 2023
BETWEEN:-
RAVI KHANDELWAL S/O SHRI SOBARAN SINGH KHANDELWAL, AGED
ABOUT 30 YEARS, OCCUPATION: FOREST GUARD GRAM LAVANI,
RANGE MANDAV, DISTRICT DHAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P.
1. FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST FOREST COLONY,
4.
NAVRATAN BAGH, DIST. INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT DHAR MANDAV ROAD, DHAR
5.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9425 of 2023
BETWEEN:-
NILESH KUMAR PANEKAR S/O SHRI SADARAM PANEKAR, AGED
-11-
ABOUT 33 YEARS, OCCUPATION: FOREST GUARD H-30, FOREST
CAMPUS, INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P.
1. FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT INDORE, NAVRATAN BAGH,
5.
FOREST CAMPUS, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9426 of 2023
BETWEEN:-
AJAY SINGH BAGHEL S/O SHRI KERU SINGH BAGHEL, AGED ABOUT 53
YEARS, OCCUPATION: FOREST GUARD RANGE FOREST OFFICE
DHAMNOD, DISTRICT DHAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P.
1. FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
-12-
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT DHAR MANDAV ROAD, DHAR
5.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9458 of 2023
BETWEEN:-
SHAIKH ARSHAD S/O SHAIKH AYYUB, AGED ABOUT 31 YEARS,
OCCUPATION: FOREST GUARD PIPAL JHOKA TEHSIL BHAGWANPURA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI KARPE PRAKHAR MOHAN, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY FOREST
1.
DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
ADDITIONAL SECRETARY FOREST DEPARTMENT VALLABH
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
PRINCIPAL CHIEF CONSERVATOR OF FOREST SATPUDA BHAWAN,
3.
BHOPAL (MADHYA PRADESH)
DIVISIONAL FOREST OFFICER, DY. CONSERVATORY OF FOREST
4.
FOREST DIVISION KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9459 of 2023
BETWEEN:-
RANJEET KHARTE S/O RAISINGH KHARTE, AGED ABOUT 40 YEARS,
OCCUPATION: FOREST GUARD RANGE OFFICE BHIKANGAON,
-13-
ANJANGAON, KHARGONE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KARPE PRAKHAR MOHAN, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY FOREST
1.
DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
ADDITIONAL SECRETARY FOREST DEPARTMENT VALLABH
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
PRINCIPAL CHIEF CONSERVATOR OF FOREST SATPUDA BHAWAN,
3.
BHOPAL (MADHYA PRADESH)
DIVISIONAL FOREST OFFICER DY. CONSERVATORY OF FOREST
4.
FOREST DIVISION, KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9461 of 2023
BETWEEN:-
RAVINDRA GANGLE S/O LATE SHRI POONAMCHAND, AGED ABOUT 36
YEARS, OCCUPATION: FOREST GUARD FOREST COLONY BISTAN
ROAD (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KARPE PRAKHAR MOHAN, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY FOREST
1.
DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
ADDITIONAL SECRETARY FOREST DEPARTMENT VALLABH
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
PRINCIPAL CHIEF CONSERVATOR OF FOREST SATPUDA BHAWAN,
3.
BHOPAL (MADHYA PRADESH)
DIVISIONAL FOREST OFFICER DY. CONERVATORY OF FOREST
4.
FOREST DIVISION KHARGONE (MADHYA PRADESH)
-14-
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9463 of 2023
BETWEEN:-
DHEERAJ BHARVEY S/O PARASRAM BHARVEY, AGED ABOUT 31
YEARS, OCCUPATION: FOREST GUARD C-ASHRAM, VAISHNAVI
COLONY, KHARGONE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KARPE PRAKHAR MOHAN, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY FOREST
1.
DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
ADDITIONAL SECRETARY FOREST DEPARTMENT VALLABH
2.
BHAWAN, BHOPAL M.P. (MADHYA PRADESH)
PRINCIPAL CHIEF CONSERVATOR OF FOREST SATPUDA BHAWAN,
3.
BHOPAL (MADHYA PRADESH)
DIVISIONAL FOREST OFFICER, DY. CONSERVATORY OF FOREST
4.
FOREST DIVISION KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9465 of 2023
BETWEEN:-
RAMLAL SITOLE S/O GOVIND SITOLE, AGED ABOUT 30 YEARS,
OCCUPATION: FOREST GUARD RANGE OFFICE BHIKANGAON,
ANJANGAON, KHARGONE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KARPE PRAKHAR MOHAN, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY FOREST
-15-
DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
ADDITIONAL SECRETARY FOREST DEPARTMENT VALLABH
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
PRINCIPAL CHIEF CONSERVATOR OF FOREST SATPUDA BHAWAN,
3.
BHOPAL (MADHYA PRADESH)
DIVISIONAL FOREST OFFICER, DY. CONSERVATORY OF FOREST
4.
FOREST DIVISION KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9466 of 2023
BETWEEN:-
AAJAM KHAN S/O KAMAL KHAN, AGED ABOUT 36 YEARS,
OCCUPATION: FOREST GUARD R/O RANGE OFFICE SIRVEL
BHAGWANPURA KHARGONE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KARPE PRAKHAR MOHAN, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1.
VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
ADDTIONAL SECRETARY FOREST DEPARTMENT VALLABH
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
PRINCIPAL CHIEF CONSERVATOR OF FOREST SATPUDA BHAWAN,
3.
BHOPAL (MADHYA PRADESH)
DIVISIONAL FOREST OFFICER DY. CONSERVATORY OF FOREST
4.
FOREST DIVISION, KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9655 of 2023
BETWEEN:-
-16-
RAMESH PALSINGH RATHORE S/O SHRI DEVISINGH RATHORE, AGED
ABOUT 52 YEARS, OCCUPATION: FOREST GUARD FOREST RANGE
MANDAV DHAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY
1.
VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOEST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DHAR-MANDAV ROAD, DHAR (MADHYA
5.
PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9673 of 2023
BETWEEN:-
MUKESH THAKUR S/O SHRI NARAYAN SINGH THAKUR, AGED ABOUT
42 YEARS, OCCUPATION: FOREST GUARD GRAM AWLIYA, POST
NALCHA, TEHSIL PITHAMPUR, DISTRICT DHAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH ADDITIONAL SECRETARY M.P.
1. FOREST DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
THE PRINCIPAL CHIEF CONERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
-17-
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR OF FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT DHAR MANDAV ROAD, DHAR
5.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 9778 of 2023
BETWEEN:-
NILESH CHOUHAN S/O SHRI BHAGAT SINGH, AGED ABOUT 32 YEARS,
OCCUPATION: VANRAKSHAK, INDORE 7 C, BRIJBIHAR COLONY,
INDORE (MADHYA PRADESH)
.....PETITIONER
(BY MS. SHANNO SHAGUFTA KHAN, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH ADDL. SECRETARY THROUGH
1. ADDL. SECRETARY, VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
SHRIMAN PRADHAN MUKHYA VANSANRAKSHAK SATPUDA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
SHRIMAN MUKHYA VANSANRAKSHAK NAVRATAN BAGH, FOREST
3.
CAMPUS, INDORE (MADHYA PRADESH)
SHRIMAN JILA VAN ADHIKARI NAVRATAN BAGH FOREST CAMPUS,
4.
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 10121 of 2023
BETWEEN:-
MAAN SINGH BHURIYA S/O SHRI VALAJI BHURIYA, AGED ABOUT 53
-18-
YEARS, OCCUPATION: FOREST GUARD NAVRATAN BAGH FOREST
CAMPUS, INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT KUMAR OSWAL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THRU.ADDITIONAL SECRETARY
1. M.P.FOREST DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOFF) SATPURA
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
3.
FLOOR WING-D, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)
THE CHIEF CONSERVATOR FO FOREST NAVRATAN BAGH, FOREST
4.
CAMPUS, INDORE (MADHYA PRADESH)
DISTRICT FOREST OFFICER DISTRICT DHAR MANDAV ROAD, DHAR
5.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
WRIT PETITION No. 20522 of 2023
BETWEEN:-
UDAY SINGH SINGORIA S/O BHIMSINGH, AGED ABOUT 33 YEARS,
OCCUPATION: FOREST GUARD (SIRVEL RANGE) R/O FOREST COLONY
UMAR KHALI ROAD KHARGONE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KARPE PRAKHAR MOHAN, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1.
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
ADDITIONAL SECRETARY FOREST DEPARTMENT VALLABH
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
3. PRINCIPAL CHIEF CONSERVATOR OF FOREST SATPURA BHAWAN,
-19-
BHOPAL (MADHYA PRADESH)
DIVISIONAL FOREST OFFICER DY. CONSERVATORY OF FOREST
4.
FOREST DIVISION KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)
These petitions coming on for admission this day, the court
passed the following:
ORDER
01. Regard being had to the similitude in the controversy involved in the present case, with the joint request of the parties, the writ petitions are analogously heard and being decided by this common order. For the sake of convenience facts of W.P. No.9384 of 2023 are being taken.
02. The petitioner has filed the present petition under Article 226 of the Constitution of India challenging the validity of transfer order dated 17.04.2023, whereby he has been transferred from Forest Division, Dhar to Forest Division, Burhanpur.
03. The petitioner is working as Forest Guard, which is Class - III post of District Cadre and according to him, as per service conditions, he cannot be posted outside the District or Division, therefore, the impugned order is liable to be set aside. The petitioners in all the writ petitions are working as Forest Guard and they are also challenging their transfer order inter alia on this ground alone. In some of the petitions, there are other grounds that they have not completed normal tenure of three years at the present District or they came on transfer from other District by losing their seniority and one of the petitioner has submitted that his wife is posted in the same District and as per the Transfer Policy, -20- husband & wife are liable to be posted at the same place.
04. Main contentions of learned counsel for the petitioners are that if they are transferred out of the District, then they will lose their seniority and chance of promotion. It is further submitted that in the District of Burhanpur, some of the Forest Guard, junior to the petitioners have been promoted to the higher post and now they are likely to be further promoted, therefore, the impugned order is liable to be set aside.]
05. The respondents filed a reply by submitting that in the District of Burhanpur, Forest Division, large number of trees are being cut by encroachers. When the Forest Guards went there to arrest them, they were attacked and they sustained injuries. These illegal activities are going on since 1993 and suddenly in the year 2022 - 23, this has been increased. Number of F.I.Rs. have registered against the encroachers. The respondents have filed the details of all the incidents taken place right from 1996 till 2023. In the month of March, 2023, as many as four incident took place, in which the Forest Officers / Forest Guards were attacked by 25 - 30 encroachers. They were assaulted by axe, lathi etc. On 07.04.2023, they attacked at the police station and got released the co-accused / encroachers. Since there was a shortage of Forest Guards, therefore, by this transfer order, these 30 Forest Guards posted nearby Districts have been called to protect the forest and other staffs of Forest Department. So far as the seniority is concerned, same has been protected. By the impugned order, they have been granted seniority from the date of their initial appointment. Relying upon the aforesaid grounds, learned Government Advocate for the respondent / State submits that the apprehension of the petitioners is baseless that they will lose their -21- seniority, if they are compelled to join in the District of Burhanpur.
06. Shri Arpit Oswal, learned counsel for the petitioner placed reliance upon a judgment delivered by the Co-ordinate Bench of this Court in which similar transfer to the District of Burhanpur has been quashed only on the ground that the Forest Guard cannot be transferred out of the District. However, he failed to point out any provision in the service rules or service conditions that they cannot be transferred out of District. In case of transfer to other District at request, the employee is not entitled to retain the seniority, but if the transfer is on an administrative ground, then the employee carries his seniority to the transferred District, therefore, there is no absolute ban for transfer to out of District.
07. The Government Advocate has produced the copy of order dated 12.10.2022 passed in W.P. No.19683 of 2022 by the Co-ordinate Bench of Gwalior, wherein in case of transfer of Forest Guard from one District to another District was upheld relying on a judgment passed by another Co-ordinate Bench in W.P. No.7454 of 2020 and other connected writ petitions decided on 05.04.2022. Against which W.A. No.393 of 2022 has been dismissed on 25.04.2022. Another Division Bench of Gwalior has dismissed W.A. No.716 of 2021 by observing that the seniority of Forest Guard and promotional aspect available in the parent cadre shall not be adversely affected as and when any occasion arises for grant of any service benefits to petitioner or his contemporaries within his parent circle, then the case of the petitioner will be considered notwithstanding the petitioner posted outside the parent circle. Therefore, there is no absolute bar in transferring the Forest Guard from one district to another -22- district or one Forest Division to another Forest Division. The seniority of the petitioners has already been protected. The petitioners have not given name of any Forest Guard posted at Burhanpur who is junior and has been promoted.
08. The petitioners are appointed on the post of Forest Guard to protect the forest, trees, plant etc. They cannot say that they are Forest Guards only to protect the forests of their districts. In case of emergency if they are called to another district to protect the forest as well as life of other forest employees / officers posted in other districts, they should have immediately rushed without thinking of their seniority and prospect of promotion. The issue of seniority or promotion could have been decided at later point of time, but if the trees are cut or forest's employees lose their life, that cannot be restored. Therefore, on the small issue of seniority, which has been protected, all the petitioners rushed to this Court to get an interim order. After joining or the situation gets normalized in Burhanpur, the could have submitted representation for cancellation of transfer. The transfer order says that they are being transferred temporarily till further order with protection of their seniority. Each and every Government employees are liable to serve the Government whenever or wherever services are required. There cannot be a more important thing other than the life of citizen or the forest, trees etc. Therefore, the act of the petitioners is not appreciable that they rushed to the Court to avoid the transfer in an emergent situation at Burhanpur. No case for interference is made out in the matter.
09. In view of the above, all the Writ Petitions stand dismissed with a cost of Rs.5,000/- payable by each of the petitioners to the -23- Government.
Let a copy of this order be kept in the connected petition also.
(VIVEK RUSIA) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2023.09.13 18:59:50 +05'30'