recommendation to the S.D.O., D.C.L.R. and Circle Officer. The petitioner, at the relevant time, was posted as Circle Inspector, Pothia. The Circle Officer also asked for report with regard to nature of land and recommendation as to whether the land is fit for tea garden cultivation. The petitioner, being the Circle Inspector, after recommendation of Halka Karmchari, inspected the land and found the land free from any encumbrances and recommended that the land is fit for cultivation of tea garden and on the report of petitioner and Halka Karmchari the Circle Officer also recommended the applications with same notes and thereafter the other officers also endorsed the same. The Collector in consultation with the empowered committee settled the lands on temporary lease in favour of different persons but from the records it appears that only the officers at the lower level were proceeded and no action was taken against the higher officials such as D.M., Additional Collector, S.D.M. and D.C.L.R, who asked the petitioner and other officers to report and recommend. Therefore, it is a best example where officers at the bottom of hierarchy are made scapegoat for illegal acts done by the higher officers. It is further evident that petitioner gave his detailed show cause that he did not act against any law and in pursuance of the order of Circle Officer, who asked him to report about the nature of land, in pursuance of the letter No. 1697 dated 22.11.1995, the petitioner
