Jammu, Sep 28: In CPSW No. 217/2012 inSWP No. 1475/2010 titled Mohan Lal V/sRakesh Gupta and others after hearing DB of HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGEORDERED as under:-
1. In compliance to the order dated 19.08.2025, it is noted that the Principal Chief Conservator of Forests, vide communication/order dated 12.08.2025, had requested the Administrative Department togrant sanction for the release of all consequential service benefits in favour of the petitioner w.e.f. 01.01.2000, as have already been granted to his juniors and subordinates.
2. Learned Deputy Advocate General, Mr. Vishal Bharti, submits that a fresh compliance report has been filed, which reveals that despite the aforesaid request, no sanction has been granted by the Administrative Department for release of consequential service benefits in favour of the petitioner, as such, the directions passed by this Court have not been complied with.
3. Mr. Bishan Das, Divisional Forest Officer, Ramban, who is present in Court today and submits that the Forest Department had approached the Administrative Department, however, the Commissioner/Secretary has not granted the requisite sanction.
He submits that the the absence of such sanction, the consequential benefits w.e.f. 01.01.2000 could not be released in favour of the petitioner.
4. It is, therefore, evident from the above that the Commissioner/Secretary, Forest Department, is at fault and, for one reason or another, is attempting to defy the order of this Court, despite the fact that the Principal Chief Conservator of Forests had already approached the Administrative Department for grant of sanction, however, the same has not been granted. Accordingly, the compliance report is rejected.
5. It is further submitted that Mrs. Sheetal Nanda, presently holding the charge of Commissioner/Secretary, Forest Department, was under an obligation to grant the necessary sanction in terms of the Court’s directions. In the absence of such sanction, the respondents are unable to comply with the order.
6. Let Mrs. Sheetal Nanda, Commissioner/Secretary, Forest Department, be impleaded as a party respondent in the present proceedings.
Notice be issued to her to remain present before this Court on the next date of hearing, either in person or through virtual mode, to show cause as to why contempt proceedings be not initiated against her for willful disobedience of the order passed by this Court.
List this matter on 30.09.2025.
Copy of the order be provided to Mr. Vishal Bharti, Dy. AG, under seal and signature of Bench Secretary.
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