Undue delay in finalizing disciplinary proceedings and arbitrary actions of the Disciplinary Authority can vitiate the proceedings and violate constitutional rights.

D. HARIPARANTHAMAN, J.

1. The writ petition is to quash the order dated 24.01.2008 passed in O.A.No.850 of 2006 by the Central Administrative Tribunal, shortly the Tribunal, the second respondent herein. The Government of Tamil Nadu and the Principal Chief Conservator of Forests (hereinafter referred as the ‘PCCF’) are the writ petitioners.

2. The first respondent herein was directly recruited to the Indian Forest Service and was allotted to Tamil Nadu Cadre in 1977. He has rendered 32 years of service. While so, the first petitioner issued a charge sheet in Letter No.33392/FR.Spl.A/97-2 dated 16.04.1998 against the first respondent for the alleged misconduct committed during his service as Conservator of Forest, Social Forestry Monitoring Circle, Chennai from 04.02.1992 to 18.06.1996. The charge sheet was based on the audit report and the reports dated 12.06.1997, 04.07.1997 and 22.07.1997 of the Chief Conservator of Forests (Research), Chennai.

3.Three charges were made and those charges are as follows:-

"CHARGE-I

That you (Thiru) R.S. Barua,IFS., while working as the Conservator of Forests, Social Forestry Monitoring, Office of the Chief Conservator of Forests (Social Forestry), Chennai-15 from 4-2-92 to 18-6-96 have purchased various materials and also carried out various works in the Vana Vigyan Kendras under the SIDA aided Tamil Nadu Social Forestry Project during the years 1993-94 and 1994-95 through Co-operatives societies. While placing orders to those societies you have failed to assess their credibility and to adopt the normal official routines like calling for tenders and quotations. The rates quoted by the Societies were approved by you at face value and the Societies have adopted rates which are two or more times more than the real rates of the products and the products supplied by them are pre-dominantly found to be sub-standard. Thus you have failed to prevent the loss of Government funds and thereby contravened the provisions of rule 3(1) of the All India Services (Discipline and Appeal) Rules, 1968.

CHARGE-II

That you (Thiru) R.S.Barua, IFS., while working as the Conservator of Forests, Social Forestry Monitoring, Office of the Chief Conservator of Forests (Social Forestry), Chennai-35 from 4-2-92 to 18-6-96 have sanctioned a total sum of Rs.2,70,75,683/-(Rupees Two Crores seventy lakhs seventy five thousand six hundred and eighty three only) to various Societies towards carrying out certain works and for supply of materials to Vana Vigyan Kendras, under the SIDA aided Tamil Nadu Social Forestry Project during the year 1993-94 and 1994-95. You have sanctioned payments to those Societies and the Societies supplied sub-standard goods and in certain cases supply was effected partly and also the works executed by them are found to be sub-standard. The value of discrepancy by this way was assessed to Rs.73,87,923/-. Thus you have failed to prevent the loss to the Government thereby contravened the provisions of Rule 3(1) of the All India Services (Conduct) Rules, 1968.

CHARGE-III

That you (Thiru) R.S.Barua, IFS., while working as the Conservator of Forests, Social Forestry Monitoring, Office of the Chief Conservator of Forests (Social Forestry), from 4-2-92 to 18-6-96 have purchased various stores and articles and also carried out various works in the Vana Vigyan Kendras. The records were not properly maintained by you in your office and as result of which the value of the 109 works amounting to Rs.1,55,85,527/- could not be assessed in the absence of the appropriate records. Thus you have failed to take proper care to have proper records for the expenditure from the Government funds, thereby contravened the provisions of Rule 3(1) of the All India Services (Conduct) Rules, 1968".

4. The crux of the charges is that he effected purchases from the Societies without following the procedure and sanctioned payments to the Societies which supplied substandard goods and executed sub-standard works and als