Judgment :-

H.L. Dattu, J.

Leave granted.

2) Challenging the judgment and order passed by the High Court in W.P.S.T. No. 1010 of 2003 dated 13.6.2005, the Secretary, Forest Department and others, have filed this appeal.

3) The facts in nutshell are, the respondent while he was working in wild life Division - II at Jalpaiguri was served with a memo dated 10.3.1987, inter alia directing him to show cause, why disciplinary action should not be taken against him by the Divisional Forest Officer for gross financial irregularities in respect of measurement taken and payment made thereof for some of the works undertaken by him as Care Taker, Tourist Lodge, Jaldapara, as detected during the course of checking by the Divisional Forest Officers, Wild Life Division - II. Since the explanation offered by the respondent was not satisfactory, he was kept under suspension, pending departmental enquiry proceedings by the Divisional Forest Officer, Cooch Bihar Division vide his order dated 13.8.1987. Thereafter, a charge memo dated 13.8.1987 was served on the respondent by the disciplinary authority. The Articles of charges against respondent were two, namely :-

(i) The respondent while functioning