The main legal point established is that the government has the discretion to suspend government servants pending enquiry based on the gravity of the alleged misconduct, the nature of the allegations, and the public interest.

K.S. Radhakrishnan, J.

Petitioners are Government servants under suspension-on alleged charges of corruption, criminal conspiracy, falsification of the records, etc. They are all aggrieved by various orders issued by the State Government keeping them under suspension pending enquiry.

2. Charge against the petitioner in O.P. No. 9435 of 1997 was that while he was working as Forest Range Officer at Karulai for the period from 28.6.1986 to 12.1.1987, resorted to corrupt practices with ulterior motive to obtain undue pecuniary advantage to himself and to certain other officers. They entered into criminal conspiracy, and in pursuance thereof, jointly and severally connived with or colluded or abetted each other and allowed two private individuals to unauthorisedly cut 2802 teak trees during the period from November, 1986 to April, 1987 and to remove 2739 teak poles out of the total 2902 teak poles cut from 1972,1973,1974,1976 and 1977 teak plantations of Ezhuthukal within the Nedumkayam South Section of Karulai Range in Nilambur Division of the Forest Department. Government placed the petitioner and other forest officials under suspension vide order dated 11.6.1987. Later memorandum of

charges were served on the petitioner and others and the case was entrusted with the Vigilance Tribunal, Trivandrum. A case was registered in the Vigilance Tribunal as Enquiry Case No. 20/91, While the matter was pending before the Tribunal, Government vide order dated 27.9.1991 reinstated the petitioner.

3. "Vigilance Tribunal proceeded with the case and submitted a report to the Government vide letter dated 30.7.1996. Vigilance Tribunal found petitioner guilty of charges levelled against him, and recommended imposition of the punishment of compulsory retirement from service. Government considered the report and decided to impose the punishment of compulsory retirement. Pending final decision, petitioner was suspended from service. Petitioner is aggrieved by the said order and has filed this Writ Petition.

4. Petitioners in O.P. Nos. 8836, 8776 and 8996 of 1997 were working as Range Officer and Foresters respectively in the Kanayar Range of Achankovil Forest Division for the year 1993-1994. It was alleged petitioner in O.P. No. 8836 of 1997 abused his official position and entered into criminal conspiracy with others with the common object of deriving pecuniary gain to them by corrupt and illegal means in connection with execution of various civil works in the Achankovil Forest Division during 1993-94. They colluded with two others and forged measurement book as well as bills in respect of various unexecuted works with the common object of deriving pecuniary gain. Those bills were passed by the then Divisional Forest Officer allowing them to derive pecuniary gain of Rs. 3,86,102.20 causing corresponding loss to the State Government.. Preliminary enquiry was conducted by the Conservator of Forests. One of his reports is referred to as Ext. P1 in O.P. No. 8996 of 1997. Another report dated 16.11.1994 was also submitted by Mm. Based on the report and considering the nature of serious irregularities, petitioners were kept under suspension in November, 1994, pending detailed enquiry. After conducting a preliminary enquiry, petitioners were reinstated in service pending disciplinary proceedings.

5. Deputy Superintendent of Vigilance Department, Kollam later completed the preliminary enquiry and submitted his report No. P1-T 309/95/Vig. Kollam dated 30.12.1995 before the Superintendent of Police (SR), who alse concurred with the enquiry report submitted by the Deputy Superintendent of Police. They recommended to register a case under Ss.468, 420, 409 IPC and under Ss.13(1)(c) and (2d) and 13(2) of the Prevention of Corruption Act, and under S.120B of the IPC. Director of Vigilance later forwarded the preliminary report of the Deputy Superintendent of Police, Vigilance, Kollam, along with the endorsement of the Superintendent of Police, Southern Rang