Perumal vs The Government Of Tamil Nadu
2023 Latest Caselaw 13439 Mad

                            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
                                                         ****

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                                                       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 forhis 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.

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                     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.




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                                       S.M.SUBRAMANIAM, J.

AND V. LAKSHMINARAYANAN, J.

cmr

W.A.(MD)No.1700 of 2023

03.10.2023

https://www.mhc.tn.gov.in/judis