The Hindu : Tamil Nadu / Chennai News : Court quashes charge memo against official

Online edition of India's National Newspaper
Wednesday, Oct 25, 2006
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Tamil Nadu

Tamil Nadu - Chennai

Court quashes charge memo against official

Special Correspondent

Government ordered to pay arrears

CHENNAI: The Madras Bench of the Central Administrative Tribunal (CAT) has quashed the charge memo issued against a senior Indian Forest Service official and has directed the Government to place him on appropriate pay scale, besides paying him all consequential arrears.

Holding that it did not find any material against A. Ramachandran, Deputy Conservator of Forests, Tiruvanaikoil, Tiruchi, the Bench said: "We direct the respondent authorities to grant Junior Administrative Grade pay scale to the appellant with effect from January 1, 2000, with all consequential benefits and arrears. We further direct the respondents to consider him for inclusion in the panel for promotion to the post of Conservator of Forests in accordance with the law and merit for ... 2006-07."

The Bench of Vice-Chairman P. Shanmugam and Administrative Member R. Ganesan was passing orders on an application filed by Mr. Ramachandran against whom the Government issued a charge memo in January 2000. Identical charges were framed against K. Soundarapandian, Assistant Conservator of Forests. However, the Government dropped further action against Mr. Soundarapandian in July 2005 on the basis of an inquiry report.

Though an inquiry was conducted against Mr. Ramachandran in October 2002, no order was passed. Assailing the delay, he submitted that he had been deprived of the Junior Administrative Grade pay scale from January 2000, and he was likely to be deprived of promotion as Conservator of Forests.

Pointing out that all action against Mr. Soundarapandian had been dropped, he said the main allegation that Mr. Ramachandran did not take appropriate action against his subordinate could not be sustained now.

The Bench said the applicant could not be kept in suspense of the inquiry officer's findings after the completion of the proceedings in 2002. "For nearly four years as on date, the respondents have not passed any order. The reason stated in the counter affidavit that they are awaiting report for other forest officers cannot be accepted to be a valid reason for keeping the disciplinary proceedings pending."

Citing "inordinate and unexplained delay" in initiating the disciplinary proceedings, the judges allowed the application.

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