SC closes contempt case against Uttarakhand forest officer after unconditional apology

New Delhi, Nov 11 (PTI) The Supreme Court on Tuesday closed the contempt proceedings against an Indian Forest Service officer after he tendered unconditional apology for approaching the Uttarakhand High Court seeking a stay on his prosecution in a CBI case lodged for alleged illegal construction in the Jim Corbett National Park.

The Uttarakhand High Court had stayed the state government's order granting sanction to prosecute Rahul, an Indian Forest Service officer and former director of Corbett Tiger Reserve, in the alleged illegal construction and tree felling case that too when the top court was seized of the matter.

On October 15, a bench comprising Chief Justice of India B R Gavai and Justice K Vinod Chandran was furious over the development and had said as to how the high court sat over appeal against the observations and orders of the top court.

The sanction to prosecute the officer was granted by the Uttarakhand government following various orders from the top court which has been monitoring illegal constructions and rampant felling of trees in the Jim Corbett National Park in the state.

The top court had not only issued the contempt notice to the officer but also stayed the high court order besides transferring to itself the judicial records.

On Tuesday, the top court took note of the unconditional apology and pardoned the officer keeping in mind his 21 years of “unblemished services” and future prospects.

“The majesty of law is not in punishing the guilty but in forgiving,” the CJI said, adding that the officer can avail remedy seeking relief like discharge in the case before appropriate judicial forum.

The bench, however, cautioned that he cannot challenge the grant of sanction to prosecute which was granted by the state government at the instance of the top court.

The CJI said though the high courts are not inferior to the Supreme Court, it should not interfere in a matter which is being monitored by the apex court.

“When the Supreme Court is seized of the matter, the high court should not have interfered,” he added.

Earlier, while issuing the contempt notice to the officer, the bench had sought his personal presence before it and show cause as to why the contempt proceedings be not initiated against him.

The bench went on to add, "The high court, being a constitutional court, has vast powers. But, when it was the matter of record that the Supreme Court is seized of the matter then the high court should not have entertained the plea and granted the stay..." The development was apprised to the bench by senior advocate K Parmeshwar, who is assisting the bench as an amicus curiae in the PIL filed by T N Godavarman in 1995 on issues related to forest conservation.

On September 17, the top court had directed the Uttarakhand government to conclude within three months a departmental inquiry against the officer accused of corruption. It had also asked the Centre to grant sanction to prosecute him under graft charges.

The bench had asked as to why the state government was giving a "special treatment" to the officer after finding out that he was given a special posting despite adverse observations by the CEC (Central Empowered Committee).

Heads of governments cannot be expected to be "old days' kings" and "we are not in a feudal era", the bench had said, questioning Uttarakhand Chief Minister Pushkar Singh Dhami for appointing the IFS officer as the director of the Rajaji Tiger Reserve, disregarding the opinions of the state's forest minister and others.

It also observed that a departmental proceeding was pending against the officer concerned.

Pointing out that the notice had said the officer should not be posted at the Rajaji Tiger Reserve, the court said the chief minister "just ignores it".

It was alleged that the disciplinary proceeding against the officer was related to the Corbett Tiger Reserve where several officers were served show-cause notices. PTI SJK SJK KVK KVK