STATE OF M P Vs. R L OGALE

JUDGEMENT

(1.) THE original respondent was working as Forester in the Forest Department of Madhya Pradesh. He was promoted as Dy. Ranger in the year 1962 and, thereafter, as Forest Ranger in June, 1975. A departmental proceeding was initiated and a charge-sheet was issued against the original respondent on 22-8-1984, in respect of some misconduct alleged to have been committed by him while he was posted as Forest Ranger in-charge of Departmental Operations of Coupe Nos. 11, 12 and 13 of Chandgarh. While the departmental proceedings were pending the original respondent retired from service on attaining the age of superannuation on 31-8-1985. Thereafter, the Inquiry Officer submitted his inquiry report on 30-5-1988 and the Disciplinary Authority passed an order on 1-6-1991 directing inter alia for recovery of loss of Rs. 4,10,071. 84 alleged to have been caused by the original respondent to the Government.

(2.) AGGRIEVED by the said order dated 1-6-1991, the original respondent filed O. A. No. 996/1992 before the Madhya Pradesh Administrative Tribunal, Jabalpur, and by order dated 22-5-1998 the said Tribunal held that the order was vitiated because the said order had not been passed by the Competent Authority nor had it been passed after consultation with the State Public Service Commission as provided in Rule 9 of the M. P. Civil Services (Pension) Rules, 1976 (for short 'the Rules of 1976' ). After recording the aforesaid findings, the Tribunal quashed the order dated 1-6-1991 passed by the Disciplinary Authority for recovery of Rs. 4,10,071. 84 from the original respondent.

(3.) AGGRIEVED by the said order dated 22-5-1998 passed by the Tribunal in O. A. No. 996/1992, the petitioners have filed this Writ Petition under Article 226/227 of the Constitution of India.