STATE OF MYSORE Vs. C N VIJENDRA RAO

JUDGEMENT

(1.) On January 27, 1961 the Chief Conservator of Forests, Mysore, sent a letter to the Govt. of Mysore stating that large-scale illicit cutting of sandal-wood trees in the Forests of Sandur Range had caused a huge loss to the Government and that such devastation of forests could not have been possible without the connivance of the respondent, C. N. Vijendra Rao who was working as the Divisional Forest Officer. By an order dated February 16, 1961 the Government of Mysore placed the respondent under suspension 'pending inquiry', in order that he may not interfere with the conduct of the inquiry or tamper with the documentary evidence.

(2.) The respondent was later prosecuted under Section 120-B of the Penal Code on the charge that he, along with others, had conspired to smuggle sandalwood. On June 17, 1966 the First Class Magistrate, Bellary, acquitted the respondent.

(3.) On January 24, 1967 the Government of Mysore passed an order that the respondent should be deemed to have been retired from service on January 24, 1962 being the date on which, on his completion of the 55th year, he had attained the age of superannuation. On May 23, 1967 the respondent filed a writ petition in the High Court of Mysore challenging the validity of the aforesaid order. The writ petition was substantially allowed by the High Court on June 24, 1968. This appeal by special leave is filed by the State of Mysore against the judgment of the High Court.