Phukan, J. - (1.) In this appeal by special leave, Union of India has assailed the judgment of the Central Administrative Tribunal, Ernakulam Bench passed in Original Application No. 956 of 1994.
(2.) Briefly stated the facts are as follows. The respondent was holding the post of Cardamom Settlement Officer, Devicolam, Kerala during the period from 7-12-1982 to 14-7-1985. While working in that capacity he gave sanction to three persons for felling of trees for the purpose of letting in sufficient sun light in their cardamom plantation subject to certain conditions including permissions to be obtained from the Forest Department. There is no dispute that during the period while the respondent was serving in the said capacity no felling of trees took place. After the transfer of the respondent from that post, due to felling of trees there was public outcry and an inquiry was conducted; respondent was put under suspension and thereafter departmental proceeding was drawn up against him on four charges. The Inquiry Officer held that charges Nos. 1 and 2 were partially proved and charges Nos. 3 and 4 were fully proved. The report was accepted and as during the period of inquiry the respondent retired from service the penalty of reduction of 50% of pension was imposed. The application filed by the respondent before the Central Administrative Tribunal was allowed by the impugned judgment and hence the present appeal.
(3.) We quote below the four charges and the findings of the Inquiry Officer: 1. That you, Sri K. A. Kittu, IAS, while holding charge of the post of Cardamom Settlement Officer, Devicolam, (1) by proceeding No. A2-588/84 dated 10-10-1984 issued sanction for felling of 660 trees in 26-5-hs. of Cardamom Estate at Kurisupara in Pallivasal Unreserve, in Sl. Nos. 1393 and 234 of Palliasal village, to Sri Thomas Sebastian, Karipparambil, Kottayam for the ostensible purpose of shade regulation in the Cardamom Plantation, treating the said Thomas Sebastian and two others for whom he held power of attorney, as "lessees" of the land after conferring on them the status of "lease offerees" in a contrived manner in collusion with the Special Deputy Tehsildar, Cardamom Settlement, Devicolam (Sri K. Ramakrishnan), acted without jurisdiction and in an extraordinary way, altogether by-passing the Assistant Settlement Officer, Kumily, who is the primary statutory authority for lease of Government land for Cardamom cultivation including grant of permission for felling of trees under Rules 7 to 9 of the Rules for lease of Government lands for Cardamom Cultivation, 1961. 2. by letter No. A2-588/84 dated 25-9-1984 addressed to the said Sri Thomas Sebastian demanded Cardamom dues, as defaulters, fixing the amount of arrears as Rs. 69,154/- for the period from 1954 to 1984, got it remitted, thereby to bring him and the two others he represented, within the definition of "lessee" under Rule 2(e) of the Cardamom Lease Rules and for permitting felling of trees, though no demand had been raised or communicated to the parties previously in Form VI, leave alone issue of formal lease in Form VII prescribed under the Cardamom Lease Rules by the statutory authority, viz. the Assistant Settlement Officer, and this was done when the stay order issued by Government in communication No. 12252/E3/80/RD dated 7-3-1980 against regularisation of encroachments on Government Lands was in force. 3. handled your office file No. A2-588/84 right through at your personal level and issued proceedings dated 10-10-1984, 12-12-1984, 15-2-1985, 19-2-1985 and 27-2-1985 regarding felling of trees etc. prescribing conditions which would appear to safeguard the interest of Government, but actually intended to extend to the said Sri Thomas Sebastian undue benefits/wrongful gain by permitting felling of 660 trees, mostly superior species, first identifying the trees and then marking them on the ground for making available to him trees of high value and fixing the value of timber at Rs. 31,06,800/-, the lowest rates of the Forest Department viz. the seigniorage rates as well as the minimum rates prescribed under the Kerala Forest Produce (Price Fixation) Act and also in violation of Government orders in G.O. (P) 185/65/RD dated 12-3-65 regarding valuation of trees, the undervaluation being to the extent of about Rs. 82 lakhs, excluding the value of an estimated quantity of 5000 tones of fire-wood that would become available on account of felling of trees, the value thereof being Rs. 3.5 lakhs even at the seigniorage rate of Rs. 70/- per tone. 4. permitted Sri Thomas Sebastian to start felling of trees after realising Rs. 3 lakhs as advance and a Security Deposit of Rs. 50,000/- whereas according to the Forest Department procedure, felling will be permitted only after remittance of 1/3rd of the estimated value." Findings of the Inquiry Officer: "My finding with regard to charges (1) and (2) are while we cannot blame him for collection of premium and pattom and for treating Shri Thomas Sebastian and two others as 'would be lessees' and cannot also blame him for the so called contrivance of a status of 'lease offeree' because of the rulings of the various High Court Judgments quoted, nevertheless his action in giving the sanction for shade regulation when he did not have the power, cannot be regarded as regular and correct. On the contrary, it is without jurisdiction. It is motivated and actuated by ulterior motives. To that extent, the charges are proved. (emphasis supplied) My findings are that the Member of Service has not safeguarded the interest of the Government and the conditions stipulated and method adopted are all for the benefits of Shri Thomas Sebastian and two others; and there has been gross under-valuation which would have caused substantial and wrongful loss to the Government. He has also failed to apply the rules concerning remittances. In these circumstances, the charges (3) and (4) are fully proved." (emphasis supplied) ;