The Kerala High Court has held that if forest officers do certain acts in blatant disregard of ordinary care and caution, and with wrong or malicious intent, those actions will not get protection under section 74 of the Kerala Forest Act, 1961.
The court made the observation while dismissing an appeal filed by the Nilambur Divisional Forest Officer against a Manjeri district court’s directive to pay damages to a sawmill owner towards the loss of value of the seized machineries due to deterioration while in the custody of the Forest department.
In the appeal, the Nilambur forest divisional officer contended that the seizure of the machinery and timber suspecting its involvement in an offence was an act done in good faith. The action of the forest officer is protected from challenge and no suit could be filed against it seeking compensation.
The court observed that the protection provided under Section 74 is not absolute though the same protects a forest officer from legal proceedings if he acted in good faith while performing the official duties. Section 74 is not a shield for the forest officer/public servant to do anything without rational application of his cognitive faculty on the premise of protection given under section 74, the court added.
Published - February 09, 2025 06:30 pm IST
