Nonagenarian’s petition to set aside disciplinary action gets court’s nod

MADURAI: The Madurai Bench of the Madras High Court allowed a petition filed by a nonagenarian, challenging the punishment imposed on him by the State government in 2008, for his alleged failure in his duties when he was working as a divisional forest officer in Varushanadu Soil Conservation Scheme.

The petitioner P Krishnan Nair retired as a Deputy Conservator of Forests in 1996. He was issued with a charge memo by Forest Secretary on July 21, 1998, for allegedly failing to supervise a Forest Ranger one Marichamy who had caused loss to the government by not maintaining a plantation properly in 1994. Pursuant to the charge memo, Nair was awarded with punishment of pension cut, besides recovery of a sum of Rs 11,396 on May 22, 2008, which was challenged by him in this petition in 2009.

Justice Bhavani Subbaroyan, who heard the plea, noted that Nair, upon finding that Marichamy had not maintained the plantation, had issued a charge memo to him in 1994. Within three days from issuing the memo, Nair was transferred to Social Forestry division and hence, he was unable to take further action against Marichamy, the judge pointed out.

"If that being the case, at this length of time, the petitioner, who is aged 96 years, cannot be penalised further and the mental agony itself is sufficient for the petitioner," the judge opined, and allowed the petition by setting aside the order of punishment with further directions to the government to pay gratuity of Rs 1.7 lakh to Nair.