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1975 Supreme(Ker) 230

P.SUBRAMONIAN POTI
SADASIVAN PILLAI – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioner, an Assistant Conservator of Forests, was placed under suspension by an order dated 24-11974, copy Ext. P1. This order referred to a series of charges against the petitioner on which Government was proposing to make a detailed enquiry before the Tribunal for Disciplinary Proceedings. The charges concerned the conduct of the petitioner as Assistant Conservator of Forests, Teak Plantation Division, Parambikulam from 191969 to 23-5-1971. It is said that loss was caused to the Government by removal of timber and such other acts affecting the interests of the Government. It was said in Ext. P1 that there were several Forest Contractors and other forest subordinate staff to give evidence as prosecution witnesses before the Tribunal and that the continuance of the petitioner in service even at a distant place was likely to influence the evidence of the witnesses to be examined before the Tribunal. This order is attacked as incompetent as also mala fide. To understand this attack it is necessary to refer to the previous history of the case.

2. While the petitioner was working as Assistant Conservator of Forests, Teak Plantation Division, Parambikulam, there wer










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