West Pakistan Forest Manual

Petitioners were non-gazetted employees of Forest Department, who filed contempt petition against authorities on the plea that they did not comply with directions of the High Court

Validity

Nowhere, in West Pakistan Forest Manual, 1964, 20% allowance in lieu of firewood quota was allowed to non-gazetted employees of Forest Department

Petitioners were claiming something not envisaged in West Pakistan Forest Manual, 1964, therefore, authorities could not be forced under the garb of contempt proceedings to do something that was not permitted by law

High Court had not granted relief prayed for by petitioners and mere direction was issued to the authorities for decision of representation which had been complied with by authorities

If petitioners were aggrieved of decision of Finance Department declining their claim, they should have availed alternate remedy permissible to them under the law

Contempt proceedings could not be initiated for advantage of one particular party, rather initiation of contempt proceedings was to safeguard and protect institution which created balance in the society

Petition was dismissed in circumstances.

Paras. 2.7 & 2.8 (vii) read with Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, r. 4-Forest Guard and ` Forester charged for misconduct and inefficiency resulting in loss of trees and timber

-Penalty of removal from service and recovery of loss imposed upon Forest Guard and that of censure and stoppage of one increment upon Forester

Ire view of prescribed, duties both accused, held, responsible for supervision and protection of forest-Punishment awarded to Forest Guard, in circumstances, held, unduly severe and discriminate particularly in view of his long service of r,`, 21 years-Penalty of removal from service, in circumstance, altered by Service Tribunal to same as awarded to Forester-Penalty of recovery of loss upon Forest Guard, however, held, justified in view of his duties as prescribed in para. 2.8 (vii) of West Pakistan Forest Manual, 1964, Vol. II regarding regular patrol of forest in his beat

Punjab Service Tribunals Act (IX of 1974), S. 4.

R. 15.51(2)(f)-Realization by receipt-Provisions of r. 15.51(2)(f) of Manual being mandatory in nature, realization of money by a receipt printed or on a form prescribed for purpose, held, necessary and no receipt issued otherwise legal except when permits for petty quantities of forest produce or for grazing issued immediately on receipt of payment.