UNION OF INDIA Vs. K A KITTU

JUDGEMENT

(1.) In this appeal by special leave, Union of India has assailed the judgment of the Central Administrative Tribunal, Ernakulam Bench passed in Original Application No. 956 of 1994.

(2.) Briefly stated the facts are as follows. The respondent was holding the post of Cardamom Settlement Officer, Devicolam, Kerala during the period from 7-12-1982 to 14-7-1985. While working in that capacity he gave sanction to three persons for felling of trees for the purpose of letting in sufficient sun light in their cardamom plantation subject to certain conditions including permissions to be obtained from the Forest Department. There is no dispute that during the period while the respondent was serving in the said capacity no felling of trees took place. After the transfer of the respondent from that post, due to felling of trees there was public outcry and an inquiry was conducted; respondent was put under suspension and thereafter departmental proceeding was drawn up against him on four charges. The Inquiry Officer held that charges Nos. 1 and 2 were partially proved and charges Nos. 3 and 4 were fully proved. The report was accepted and as during the period of inquiry the respondent retired from service the penalty of reduction of 50% of pension was imposed. The application filed by the respondent before the Central Administrative Tribunal was allowed by the impugned judgment and hence the present appeal.

(3.) We quote below the four charges and the findings of the Inquiry Officer: