V THANGAVELU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties. The present writ petition has been filed against the order passed by the Tamil Nadu Administrative Tribunal in O.A.No.8193 of 1997 dated 4.9.2001.

(2.) THE facts giving rise to the present writ petition are as follows :- THE petitioner entered service in the Forest Department in the year 1981 as Forest Guard. Subsequently, by G.O.Ms.No.1036 dated 16.10.1985, the petitioner and several other employees in the Range Office, Santhavasal were placed under suspension in contemplation of departmental enquiry. At that stage, the petitioner filed W.P.No.13474 of 1985, wherein the High Court directed the higher officials to complete the enquiry before 30.6.1986. Subsequently, however, the petitioner was reinstated in service. THEreafter, the Government referred the matter for enquiry by the Tribunal for disciplinary proceedings. Charges were framed against the Range Officers, Foresters, Forest Guards including the petitioner. So far as the petitioner is concerned, the relevant disciplinary proceedings was numbered as D.E.No.225 of 1985, wherein 13 persons including S.Paramanandam, Forest Range Officer and the present petitioner, were the delinquent employees. THE substance of the charge was to the effect that the Forest Ranger had collected a sum of Rs.1,200/- from one Kannan as if the same was fine for the commission of Forest Offence and thereafter, the said Ranger had remitted a sum of Rs.250/- and appropriated the balance of Rs.950/- for himself. It was further alleged that other delinquents, namely 2 to 13, have aided and abetted the said Forest Ranger. THE substance of the allegation was to the effect that 12 persons were travelling in a bus towards Ranipet with their bamboo baskets and pans to sell them in Ranipet Market and at that time, the delinquent officers 2 to 13, came in a Forest Department lorry and stopped the bus and took the aforesaid 12 persons in the departmental lorry along with their bamboo baskets and pans to Santhavasal Forest Range Office. En-route, the delinquent No.2, who was the Forester of Polur Section, dropped one lady Smt.Rajammal and asked her to inform the relatives of the remaining 11 persons to come to Santhavasal Forest Range Office with Rs.2,000/-. On 19.2.1982, the delinquent No.2 produced the said 11 persons before the delinquent officer No.1, namely the Forest Ranger and the delinquent No.1 demanded an illegal gratification of Rs.300/- each from those persons for releasing them. On the very same date, one Mr.Kannan met delinquent No.1 along with some other private persons at Santhavasal Forest Range Office and requested the delinquent No.1 to release 11 persons, who had been detained. THE delinquent No.1 had demanded illegal gratification of Rs.2,500/- for releasing the said persons and after some bargaining, delinquent No.1 had agreed to receive Rs.1,200/- for releasing those persons and the said sum was paid by Mr.Kannan in the presence of delinquent Nos.2 and 3, namely T.Kannan, Forester, Polur Section and one C.Palani, Forest Guard, Santhavasal beat. THEreafter, those persons were released along with their articles after obtaining their signatures in some papers. THE further allegation is that delinquent No.1, in collusion with delinquent Nos. 2 to 13, had created records and foisted cases against the persons. Out of the amount collected, a sum of Rs.250/- was deposited as compounding fee and the balance amount was kept by the delinquent No.1.

(3.) THE Administrative Tribunal perused the order of the disciplinary Tribunal and the materials on record and came to the conclusion that the other officials had abetted the commission of the main crime by the Forest Range Officer. However, while confirming the order of removal from service in respect of the Forest Range Officer, with regard to other employees, the Tribunal directed that the punishment should be modified to one of compulsory retirement. THE said order is being impugned by the petitioner in the present writ petition.