MUKLESH ALI Vs. STATE OF ASSAM
LAWS(SC)-2006-7-12
SUPREME COURT OF INDIA (FROM: GAUHATI)
Decided on July 04,2006

MUKLESH ALI Appellant
VERSUS
STATE OF ASSAM Respondents





Cited Judgements :-

K THANGAMARI VS. STATE OF TAMIAL NADU [LAWS(MAD)-2009-8-265] [REFERRED TO]


JUDGEMENT

- (1.)The appellant, Muklesh Ali, was working as Assistant Conservator of Forest, State of Assam, North Kamrup Division, filed the above appeal against the final judgment and order dated 5.5.2004 passed by the Gauhati High Court in Writ Appeal No. 133 of 2003 whereby the High Court dismissed the writ appeal filed by the appellant herein.
(2.)The appellant while serving as Assistant Conservator of Forest in the year 1994 in the North Kamrup Division, Rangia respondent No.2, namely, The Secretary to the Government of Assam, Forest Department, by Notification dated 16.9.1994 placed him under suspension. By Notification dated 12.12.1994, the appellant was reinstated in his service. On 29.7.1997, the appellant was served with a memo to show cause containing as many as five charges along with the statement of allegations and list of documents and a list of witnesses giving ten days' time for filing written statement. The five charges against the appellant reads as under:
"Charge No.1 : Connivance in illegalities for your personal gain causing colossal loss of revenue to the State Government exchequer.

Charge No.2 : Fraudulent issue of Transit Pass, connivance in illegality for personal gain.

Charge No.3 : Criminal misconduct, breach of trust, connivance in illegalities for personal gain.

Charge No.4 : Criminal breach of trust.

Charge No.5 : Gross dereliction and willful negligence of duties, misuse of power for personal gain."

(3.)The appellant submitted his written statement as well as additional written statement in his defence. This Court, vide its order dated 15.1.1998, in Writ Petition (C) No. 202 of 1985 titled T.N. Godavarman Thirumalpad vs. Union of India passed a detailed order. In paragraph 27 of the said order, directions were issued to the State Government to identify within 45 days all those forest divisions where significant illegal felling of trees have taken place and initiate disciplinary/criminal proceedings against those found responsible. The States were further directed to submit First Action Taken Report in that regard to the Central Government within three months which were to be followed by Quarterly reports till the culmination of the matter. Paragraph 27 of the said order reads as under:
"27. The State Government shall identify within 45 days all those forest divisions where significant illegal fellings have taken place and initiate disciplinary/criminal proceedings against those found responsible. The first action taken report (ATR) in this regard shall be submitted to the Central Government within three months which shall be followed by quarterly reports (Qrs) till the culmination of the matter."



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