Himachal Pradesh High Court
___________________________________________________ vs State Of H.P. & Others on 28 November, 2018
Bench: Surya Kant, Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 555 of 2018
.
Date of decision: 28.11.2018
___________________________________________________
Brij Lal .....Petitioner
Versus
State of H.P. & others ...Respondents
___________________________________________________
Coram:
The Hon'ble Mr. Justice Surya Kant, Chief Justice
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
_____________________________________________
For the petitioner : Mr. Sanjeev Bhushan, Senior Advocate
with Ms. Abhilasha Kaundal, Advocate.
For the respondents: M/s J.K. Verma, Ranjan Sharma, Ritta
Goswami, Adarsh Sharma, Nand Lal
Thakur and Ashwani Sharma,
Additional Advocate Generals.
Surya Kant, Chief Justice (Oral)
The petitioner has approached this Court purportedly in public interest seeking the following directions:
"i. That appropriate writ, order or direction may very kindly be issued by directing the respondents that non technical persons may very kindly be restrained from granting technical sanctions with respect to construction work in the respondent department in the interest of law and justice.
ii. That respondents may very kindly be directed not to get the estimates, drawing and designs and executions of work through Forest Guards, Deputy Rangers and 1 Whether the reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 01/01/2009 08:04:33 :::HCHP -2-
Rangers who are non technical persons in the interest of law and justice."
.
2. The sum and substance of the petitioner's case is that there are ample construction works undertaken by the Forest Department involving the techniques of architecture and engineering of civil nature but such works worth crores of rupees are being executed by raw hands like Forest Guards or above, who do not have any specialization in Civil Engineering.
It is in this backdrop that the petitioner seeks a direction to the Authorities of the Forest Department that the non-technical persons may not be assigned the work of technical nature and that the estimates, drawings and designs of the civil work should not be prepared through Forest Guards.
3. The Department of Forest including its Principal Chief Conservator of Forest has filed its reply-affidavit controverting the petitioner's allegations. It is averred that the Forestry is a specialized profession and the Forest Officers are well educated/qualified and trained for undertaking various forestry operations including forestry civil works which are generally of petty nature. It is further explained that to assist the Forest Officers in planning and execution of civil works, the Department has its own Engineering Wing and its ::: Downloaded on - 01/01/2009 08:04:33 :::HCHP -3- officers/officials are actively associated in the work of designing/drawing and preparation of estimates related to civil .
works. It is further averred that "Engineering Wing is also effectively involved in supervision/test checks during the course of execution of works in the field in order to ensure quality working". The reply goes on to say that the Executive Staff of Forest Department has been carrying out various forestry and allied civil construction works ever since its inception conforming to the needs of Forest Management.
They have also relied upon Notification dated 29th August, 2017 issued by the Government of Himachal Pradesh, whereby the manpower of Engineering Wing of the Forest Department has been strengthened by providing officials in different ranks starting from Junior Draftsman upto Executive Engineer.
4. In view of the categorical stand taken on behalf of the respondents that all civil works in the Forest Department are being undertaken with the active association of its Engineering Wing, we are satisfied that the issue of alleged public concern espoused by the petitioner has been adequately addressed by the respondents and no further intervention by ::: Downloaded on - 01/01/2009 08:04:33 :::HCHP -4- this Court is required except to observe that the Authorities in the Forest Department shall continue to actively associate and .
involve its Engineering Wing for the purpose of execution of civil works by drawing strength from the Notification (Annexure R-2). Ordered accordingly.
5. The writ petition is accordingly disposed of alongwith pending application(s), if any.
(Surya Kant) Chief Justice.
November 28, 2018 (Ajay Mohan Goel)
(hemlata) Judge.
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