MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are Government servants under suspension-on alleged charges of corruption, criminal conspiracy, falsification of the records, etc. They are all aggrieved by various orders issued by the State government keeping them under suspension pending enquiry.

(2.) CHARGE against the petitioner in O. P. No. 9435 of 1997 was that while he was working as Forest Range Officer at Karulai for the period from 28. 6. 1986 to 12. 1. 1987, resorted to corrupt practices with ulterior motive to obtain undue pecuniary advantage to himself and to certain other officers. They entered into criminal conspiracy, and in pursuance thereof, jointly and severally connived with or colluded or abetted each other and allowed two private individuals to unauthorisedly cut 2802 teak trees during the period from November, 1986 to April, 1987 and to remove 2739 teak poles out of the total 2902 teak poles cut from 1972,1973,1974,1976 and 1977 teak plantations of ezhuthukal within the Nedumkayam South Section of Karulai Range in Nilambur division of the Forest Department. Government placed the petitioner and other forest officials under suspension vide order dated 11. 6. 1987. Later memorandum of charges were served on the petitioner and others and the case was entrusted with the Vigilance Tribunal, Trivandrum . A case was registered in the vigilance Tribunal as Enquiry Case No. 20/91, While the matter was pending before the Tribunal, Government vide order dated 27. 9. 1991 reinstated the petitioner.

(3.) DEPUTY Superintendent of Vigilance Department, Kollam later completed the preliminary enquiry and submitted his report No. P1-T 309/95/vig. Kollam dated 30. 12. 1995 before the Superintendent of Police (SR), who alse concurred with the enquiry report submitted by the DEPUTY superintendent of Police. They recommended to register a case under Ss. 468, 420, 409 IPC and under Ss. 13 (1) (c) and (2d) and 13 (2) of the Prevention of corruption Act, and under S. 120b of the IPC. Director of Vigilance later forwarded the preliminary report of the DEPUTY Superintendent of Police, vigilance, Kollam, along with the endorsement of the Superintendent of Police, southern Range, to the Government vide letter dated 4. 7. 1996. Later a crime case No. 17/96 was registered against the petitioners at the Vigilance Police station, Kollam.