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High Court stays operation of orders against Forest officials

Staff Reporter

CHENNAI: The Madras High Court has stayed the operation of orders of the Environment and Forests Department dated April 17, 2008 imposing two penalties on three forest officials for allegations related to the year 1994.

Justice M. Sathyanarayanan granted the injunction while passing interim orders on three writ petitions from V.Vaiyapuri, Forester of Serapattu Section, Kallakurichi, Villupuram district; C. Karuppannan, Forest Guard of Athur Range, Salem district; and T. Srirangan, Forest Guard of Rasipuram Range, Namakkal division.

Show cause notice

According to the petitioners, disciplinary proceedings were initiated against them in 1998. In 2000, the enquiry officer gave a report stating that the charges had not been proved. In April 2001, the disciplinary authority disagreed with the finding and issued show-cause notice calling for explanations as to why the charges should not be held as proven.

“No basis”

The petitioners, in their replies in August 2001, said there was no basis for the department to disagree with the findings of the enquiry officer. The reasons were unsustainable. Orders may be passed absolving them of the charges.

The department, after consulting the Tamil Nadu Public Service Commission, imposed in its final order, dated April 17, 2008, a penalty of “reduction of rank for two years and on restoration, stoppage of increment for two years.”

“Delay in proceedings”

The petitioners contended there was much delay in the disciplinary proceedings. Though the enquiry officer held that charges had not been proved, the disciplinary authority disagreed and imposed punishments which were against the law and against the dictum laid down by the court in a similar case.

Hearing on June 30

Taking these points into consideration, Justice Sathyanarayanan posted the matter for hearing to June 30.

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