TABANG JAMOH Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) WE have heard Mr. P. K. Tiwari, learned counsel appearing for the appellant, and Ms. G. Deka, learned Addl. Senior Govt. Advocate, appearing on behalf of the State respondents.

(2.) THE appellant herein faced a disciplinary proceeding, drawn against him by Memorandum, dated 16. 08. 1999, for his alleged misconduct. The article of charge, framed against the appellant, read as under:

(3.) THE appellant filed his statement of defence, wherein he denied the accusations made in the charge and asserted that he was not responsible for illegal felling of trees, which amounted to 3587. 7692 cu. m. As the appellant had denied the charge levelled against him, an inquiry was ordered. Having held an inquiry, on the charge, afore-mentioned, the Inquiry Officer submitted his report, dated 18. 08. 2000, wherein the Inquiry Officer concluded that while, as regards the imputations of breach of integrity, there was no proof, the charge, to the extent that there was failure to maintain devotion to duty, stood proved. The Inquiry Officer accordingly held that the charge stood partially proved. The respondent No. 3, namely, the Conservator of Forests, Southern Arunachal Circle, Deomali, then,vide letter, dated 16. 08. 1999, served, as the disciplinary authority, a copy of the inquiry report on the appellant with the direction that the appellant, if he so desires, could make representation against the said Inquiry Report to the disciplinary authority. The appellant, accordingly, made his representation on 15. 09. 2000. By order, dated 31. 10. 2000, the disciplinary authority passed an order awarding minor penalties, under sub-rule (i) and (iv) of Rule 11 under Central Civil Services (Classification, Control and Appeal) Rules, 1965, the minor penalties being (i) censure and (ii) withholding of 2 (two) increments without any cumulative effect.