Varghese Kalliath, J.

1. Petitioner before us was a Divisional Forest Officer. He retired on 31-5-1988. Ext. P1 charge memo was served on the petitioner on 30-7-1987. The charge memo was served on the petitioner on the ground of irregularities noticed in the departmental checking of wind fallen and dead trees. The case against the petitioner from the charge is that the petitioner "deliberately organised charging hand dragging in the timber working keeping thereby departmental elephant power under utilised causing heavy loss of Rs. 1,73,000/- to the Department with malafide intentions".

2. Petitioner submitted his written statement of defence on 29-8-1987. The explanation was found to be not satisfactory. Government, accepting the recommendation of the Chief Conservator of Forests, ordered to conduct an enquiry under R.15(2) of the Kerala Civil Service (Classification, Control and Appeal) Rules, 1960 (hereinafter referred to as 'the Rules'). Then the enquiry did not proceed further and the petitioner was allowed to retire on 31-5-1988, Ext. P 2 was issued framing charges and stating clearly that an enquiry under R.15(2) of the Rules should be conducted against the petitioner.