Allowing an appeal by the officer P Jabez, Justices V Ramasubramanian and V M Velumani noted there are disturbing facts in the case, including of the suspension order being given on the premise that an enquiry into grave charges was contemplated.
The judges noted that though five months had elapsed after the suspension order was issued, the Chief Conservator of Forest and Field director director of Kalakad Mundanthurai Tiger reserve had not issued any memo containing grave charges and warranting major pentalty proceedings.
The bench said serious charges had been levelled against the appellant before the single judge to keep him at bay. The single judge should not have dismissed the petition without even calling on officials to file the counter.
The judges noted that the respondent had filed their counter only in this appeal court. Before the single Judge they merely levelled serious charges of irregularities against the appellant
In the counter they had given some information, supporting the appellant's claim on felling of trees. The official had admitted that the Chief Conservator of Forests was transferred. The counter was wishy-washy on the charge against private land owners who cut trees.
Quoting an apex court judgement the judges said "It is most unfortunate that the Government demoralises the officers who discharge their duties honestly and diligently.