C.Subramani v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.02.2021 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.2640 of 2021 C.Subramani ... Petitioner Vs 1.The Principal Secretary to Government, Environment and Forest Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.
2.The Principal Chief Conservator of Forests, Head of Forest Force, No.1, Genies Road, Panagal Maligai, Saidapet, Chennai-600 015.
3.The Conservator of Forests, Dharmapuri Forest Region, Dharmapuri-1, Dharmapuri District.
4.The District Forest Officer, Hosur Forest Division, Hosur, Krishnagiri District.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents 1 and 2 to pass orders in the Review/Appeal filed by the petitioner dated 22.07.2015 in the light of the Government Order in G.O. (2D) No.59, Environment and Forest (Forest-1) Department dated 06.07.2016 issued by the first respondent within stipulated time.
For Petitioner : Mr.R.Jothimanian For Respondents : Mr.S.Prabhu, Additional Government Pleader
O R D E R
The petitioner seeks a direction to the respondents 1 and 2 to pass orders in the Review / Appeal filed by the petitioner, dated 22.07.2015 in the light of the Government Order in G.O.
(2D) No.59, Environment and Forest (Forest-1) Department, dated 06.07.2016 issued by the 1st respondent within a stipulated time.
2. It is the case of the petitioner that while the petitioner was in service as Forester in Krishnagiri District, a committee called FEMAS Committee found some irregularities during inspection. Pursuant to the report of the said committee, the 4th respondent had issued a Charge memo against the petitioner under Rule 17 (b) of Tamil Nadu Civil Services (Discipline and appeal Rules) dated 05.07.2011. Thereafter, the 4th respondent has passed final order on 24.04.2012 vide Se.Mu.Aa.No.8763/2010/Pa1 by which a recovery of a sum of Rs.3,61,395/- was imposed on the petitioner as punishment. Aggrieved against the said order dated 24.04.2012, the petitioner preferred an appeal. The appellate authority confirmed the order of the 4th respondent. Thereafter, the petitioner preferred Review petition before the 2nd respondent which is pending for the past five years. Therefore, the petitioner has filed the present writ petition seeking direction to the 2nd respondent to pass final orders on the Review petition.
3. When the matter is taken up for hearing, it is represented by the petitioner that the Revisional Authority and the Appellate Authority are one and the same. Since the Review petition is pending before the 2nd respondent, the 2nd respondent may be directed to consider the representation dated 15.12.2020 with regard to disposal of the Review petition on merits, after affording an opportunity of hearing to the petitioner.
4. Considering the fact that the petitioner has retired from service, the competent authority either the 1st or 2nd respondent, shall consider the issue, dehors the observation made by the 3rd respondent by dealing with the issue independently and pass orders on the representation dated 15.12.2020 in accordance with law, after affording an opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order and communicate the said order to the petitioner within a period of one month thereafter.
5. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar
vum To:
1.The Principal Secretary to Government, Environment and Forest Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.
2.The Principal Chief Conservator of Forests, Head of Forest Force, No.1, Genies Road, Panagal Maligai, Saidapet, Chennai-600 015.
3.The Conservator of Forests, Dharmapuri Forest Region, Dharmapuri-1, Dharmapuri District.
4.The District Forest Officer, Hosur Forest Division, Hosur, Krishnagiri District.
+1cc to Mr.M.R.Jothiraman, Advocate SR.No. 7407 +1 cc to Government Pleader Sr.No. 7550 W.P.No.2640 of 2021 A.SK(15.03.2021)