Perumal v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.A.(MD)No.1700 of 2023 Perumal ...Appellant -Vs.- 1.The Government of Tamil Nadu, represented by its Principal Secretary, Environment and Forest Department, Secretariat, Chennai - 600 009.

2.The Principal Chief Conservator of Forests, Kolappakkam, Chennai - 600 048.

3.The Tribunal for Disciplinary Proceedings, Madurai.

...Respondents

PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to set aside the order dated 12.03.2020 made in W.P.(MD)No.6361 of 2012 on the file of this Court.

For Appellant : Mr.V.P.Rajan For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader **** 1/4

JUDGMENT

(Judgment of the Court was delivered by V.LAKSHMINARAYANAN, J.) The appeal arises out of an order passed by learned Single Judge of this Court in W.P.(MD)No.6361 of 2012. Under the impugned Government Order, a punishment of postponement of increment for a period of one year with cumulative effect was imposed. This has been challenged before the learned Single Judge, as disproportionate. 2.The finding of the learned Single Judge is that the Writ Petitioner has received money (bribe) for the purpose of permitting persons to graze their cattle in the Government lands. 3.The learned Counsel for the appellant would submit that the amounts were received in order to satisfy the wants of the superior official and he did not receive any money for his own benefits. 4.It is a matter of bribe, whether it is received for himself or for others. It is an offence against the society and the learned Single Judge has appreciated this fact and held that the punishment is not disproportionate. 2/4

We do not find any reason to interfere and this Writ Appeal is dismissed. No costs.

[S.M.S.J.,] & [V.L.N.J.,] NCC :Yes/No 03.10.2023 Index :Yes/No Internet :Yes/No cmr To 1.The Government of Tamil Nadu, represented by its Principal Secretary, Environment and Forest Department, Secretariat, Chennai - 600 009.

2.The Principal Chief Conservator of Forests, Kolappakkam, Chennai - 600 048.

3.The Tribunal for Disciplinary Proceedings, Madurai.

3/4

S.M.SUBRAMANIAM, J.

AND V. LAKSHMINARAYANAN, J.

cmr W.A.(MD)No.1700 of 2023 03.10.2023 4/4