IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 25314 of 2007(L)
1. N.R.SUKUMARAN,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE CHIEF CONSERVATOR OF FORESTS
3. THE DIVISIONAL FOREST OFFICER,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/08/2007
O R D E R
ANTONY DOMINIC,J.
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W.P ( C) No. 25314 of 2007
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Dated this the 21st day of August, 2007
J U D G M E N T
Petitioner has retired from the service as a Forestor on
30.6.2003. This writ petition is filed seeking to quash Exhibits-
P9 and 17. The facts would indicate that by Exhibit-P11 penalty
of withholding of two increments with cumulative effect and
recovery of an amount of Rs. 56,118/- was ordered against the
petitioner by the 2nd respondent. Since Exhibit-P11 was after
his retirement only the 1st respondent was competent to proceed
against the petitioner in terms of the Rules. Accordingly, by
Exhibit-P13, Ext.P11 was set aside with liberty for the 1st
respondent to continue the proceedings against the petitioner.
2. Thereafter, Exhibit-P15 show cause notice was issued
and the petitioner submitted his explanation by Exhibit-P16.
This was considered by the 1st respondent and Exhibit-P17 order
was issued ordering recovery of Rs. 56,118/- under Part III, Rule
3 of K.S.R. It is challenging Exhibit-P17 that this writ petition
has been filed.
3. Findings in Exhibit-P17 are that as a Forestor
petitioner submitted Exhibit -P2 report regarding certain
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quantity of Rose wood timber for its removal from the patta
holding of an applicant and Exhibit-P2 report contains the
measurements of the logs. In Exhibit P2 it is stated that he has
seen only a photocopy of the patta which accordingly did not
contain any reservation over the trees in the land. Exhibit -P2
(a) is the patta that was verified by the petitioner and the
schedule to Exhibit -P2 shows Government had in fact reserved
ownership over four species of timber in terms of condition No.1
of Exhibit P2 (a). Based on this report, Village Officer issued
Exhibit-P3 certificate and the Range Officer issued Exhibit-P4.
Finally, the Divisional Officer issued pass as per Exhibit-P5. On
the basis of Exhibit-P5 pass issued in favour of the applicant the
timber was removed from the land. Although the pass was
cancelled subsequently, the timber could not be retrieved as it
had already reached its intended destination.
4. It was following that the officers concerned including
the petitioner, Range Officer, Deputy Ranger and two Forest
Guards were placed under suspension as per Exhibit-P6, which
states that on account of the commissions and omissions on the
part of the officers loss to the tune of Rs. 8.18 lakhs was caused
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to the Government. This ultimately lead to an enquiry and
imposition of penalty by Exhibit-P11, which are stated above,
was set aside and the final order that is passed in Exhibit-P17.
5. Exhibit-P17 contains a positive finding that petitioner
did not take any action for the protection of reserved rose wood
timber and that he had committed grave dereliction of duty
which lead to the removal of timber from the patta holding. It is
also found that he had suppressed actual measurements which
lead to the issuance of pass by the Divisional Forest Officer and
that he had failed to protect the interest of the Government. It
was accordingly that his proportionate liability has been
quantified at Rs. 56,119/- and the amount is ordered to be
recovered from the petitioner.
6. Learned counsel for the petitioner would submit that
there was no reservation of ownership over timber in Exhibit P2
(a). I have already found it to be erroneous. When this was
pointed out to the counsel, he contends that number of trees
should have been counted and its number should have been
mentioned in the patta. I am not able to agree with the counsel
in this respect. If the Government have reserved ownership by
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species that reservation is binding on the patta holder.
Petitioner and other forest officers are bound to ensure that
such reservation is safeguarded. It is stated that he only gave a
report that he has not issued any pass. But the facts disclosed
that based on this report also that pass was ultimately issued.
In any case, factual findings of misconduct have been
entered against the petitioner in Exhibit-P17 on the materials
that were available before 1st respondent. There are no
materials to come to a conclusion that the findings in Exhibit-
P17 are per verse, warranting interference under Article 226 of
the Constitution of India. I decline jurisdiction and the writ
petition will stand dismissed.
(ANTONY DOMINIC,JUDGE)
ma
/TRUE COPY/
P.A. TO JUDGE
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K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
ORDER
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25th May, 2007