P CHELLACHAMY Vs. PRINCIPAL CHIEF CONSERVATOR OF FOREST

JUDGEMENT

(1.) THE petitioner, who is working as a Forest Watcher, has given room for issuance of a charge memo with the following 4 charges. (i) failed to prevent felling of trees at Kumuli beat, at Coodalur Range and not registered any case. (ii) failed to report in the diary and hide till the Special Squad found such fellings and thereby assisted the offenders. (iii) failed to report such events to higher officials. (iv) dereliction of duty and thereby caused loss to the government to the tune of Rs.33,000/-. After receiving the charge memo, the petitioner submitted his explanation denying all the allegations. THE 3rd respondent/disciplinary authority, having been not satisfied with the explanation offered by the petitioner, ordered for enquiry. THE enquiry officer, after giving reasonable opportunities to the petitioner as well the respondents, completed the enquiry and submitted his report, holding that the petitioner was found guilty of all the 4 charges levelled against him. Based on the second show cause notice issued, the petitioner submitted his explanation. THE 3rd respondent/disciplinary authority, after going through the findings of the enquiry officer and being not satisfied with the explanation offered by the petitioner, issued an order of stoppage of increment for 3 years with cumulative effect by proceedings dated 30.09.2000 and in the said proceedings, the 3rd respondent/District Forest Officer, has concluded as follows:-

(2.) LEARNED Senior counsel appearing for the petitioner submits that the petitioner had not suffered any punishment in the past, except this one, which is under challenge in the present writ petition. Therefore, the punishment of stoppage of increment for 3 years with cumulative effect will have a huge bearing upon his pensionary benefits. On that basis, prayed for allowing the present writ petition.

(3.) ADMITTEDLY, it is the case of dereliction of duty as well as failure to report felling of trees to the higher officials. Therefore, the petitioner was issued with charge memo with 4 charges mentioned above. The petitioner/Forest Watcher, after receiving the charge memo, submitted his explanation. A mere reading of the explanation offered by the petitioner before the disciplinary authority also does not evoke any interference. The enquiry officer, after completing the enquiry proceedings, submitted his detailed report holding the petitioner guilty of all the charges. Thereafter, the disciplinary authority imposed the punishment of stoppage of increment for 3 years. Being aggrieved by the order of punishment of stoppage of increment for 3 years with cumulative effect, the petitioner unsuccessfully challenged by way of appeal as well as revision. Both the appellate authority as well as revisional authority have confirmed the punishment of stoppage of increment for 3 years. Therefore, as rightly contended by the learned counsel appearing for the respondents, this Court does not wish to interfere with the quantum of punishment, and accordingly, the writ petition is liable to be dismissed and the same is dismissed. No Costs.