LAWS(MAD)-2011-6-12

T PARAMASIVAM Vs. PRINCIPAL CHIEF CONSERVATOR OF FOREST

Decided On June 06, 2011
T.PARAMASIVAM Appellant
V/S
PRINCIPAL CHIEF CONSERVATOR OF FOREST Respondents

JUDGEMENT

(1.) THE writ petition is directed against the order of the Government dated 7.3.2007, by which the Government rejected the appeal filed by the petitioner against the order of the Principal Chief Conservator of Forests, who has imposed the punishment of stoppage of increment for two years with cumulative effect.

(2.) THE petitioner was serving as a Forest Guard at Vepaddy Palakadu Beat, Attur Range in the year 1984. THE allegation made against him and two other Forest Watchers was that, on 18.11.1984, they demanded illegal gratification of Rs.2,000/- from one Chandran @ Ramachandran and then reduced the amount to Rs.1000/- and accepted the same but remitted a sum of Rs.15/- by manipulating the official records. Certain other allegations were also made. THE disciplinary proceedings were entrusted to the Tribunal for Disciplinary Proceedings, Coimbatore and the following charges were framed against the petitioner:

(3.) MR.K.Venkataramani, learned senior counsel appearing for the petitioner would submit that in respect of occurrence stated to have taken place in the year 1984, charges were framed in the year 1989 and the order was passed originally by the first respondent on 16.5.2000 and after remand on 8.12.2004, which is after 20 years from the date of occurrence and even after the first respondent passed the order on 8.12.2004, in spite of the fact that the petitioner filed appeal before the Government on 26.3.2005 itself, the Government took its own time of nearly two years for passing the impugned order on 7.3.2007 and the delay has not been explained with any reason. According to him, neither of the respondent has considered the question of delay.