P.Paul Raj v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.22030 of 2012 P.Paul Raj ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Environment & Forest Department, Secretariat, Chennai - 600 009.

2.The Principal Chief Conservator of Forests, and Head of Forest Force, Chennai - 600 015.

3.The Conservator of Forests, Erode.

4.The District Forest Officer, Erode. ... Respondents Writ Petition has been filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating of the second respondent in and by his proceedings No.BB1/34578/2011 dated 24.09.2011, third respondent in and by his proceedings No.4067/02 Pa.2 dated 31.05.2002 and to quash the same and consequently grant the petitioner all the consequential benefits that were not granted to the petitioner Page No.1 of 7

in view of the above said impugned orders.

For Petitioner : Selvi George For Respondents : Mr.Rajesh, Government Advocate (Forest)

O R D E R

This writ petition has been filed by the petitioner to call for the records relating of the second respondent in and by his proceedings No.BB1/34578/2011 dated 24.09.2011, third respondent in and by his proceedings No.4067/02 Pa.2 dated 31.05.2002 and to quash the same and consequently grant the petitioner all the consequential benefits that were not granted to the petitioner in view of the above said impugned orders.

2. Learned counsel for the petitioner submitted that the petitioner was working as Forest Guard in Gudalur Beet in Burgur Range, Erode Division. This being so, the petitioner was issued with a charge memo dated 04.03.2002 for various misconducts and dereliction of duty and in this regard, the petitioner was imposed with a punishment of stoppage of increment for 2 Page No.2 of 7

years without cumulative effect by the third respondent by his proceedings No.4067/02 P2 dated 31.05.2002. Challenging the same, the petitioner has preferred revision petition before the second respondent and the same was dismissed on 24.09.2011 vide proceedings No.BB1/34578/2011 dated 24.09.2011.

3. Learned counsel for the petitioner further submitted that the petitioner thereafter approached the first respondent by way of applying mercy petition dated 10.01.2011, however, till date, there was no reply for the same from the first respondent. Hence, the petitioner has come forward with the present writ petition. However, pending this writ petition, the petitioner died on 25.05.2021.

4. Learned Government Advocate appearing for the respondents submitted a copy of the Government Order in G.O(D)No.35, Environment and Forest Department, dated 15.02.2017, wherein, it is stated that the punishment imposed on the petitioner under Rule 17(a) Tamil Nadu Civil Services (Discipline and Appeal) Rules has been revoked or cancelled. Page No.3 of 7

5. Heard the leaned counsel on either side and perused the materials available on record.

6. In view of the cancellation of the punishment order passed by the Government, the petitioner has to be settled with all the benefits, as per the rules and regulations in force. In this regard, this Court issues the following directions:

(i) The legal heirs of the deceased petitioner is directed to give a representation to the second respondent, within a period of two weeks from the date of receipt of a copy of this order.

(ii) On receipt of the same, the second respondent is hereby directed to consider the said representation on merits and in accordance with law and pass appropriate orders for settling all the benefits to the deceased petitioner, within a period of six weeks thereafter.

7. This writ petition is disposed of with the above observation and directions. No costs.

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vm Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

1.The Secretary to Government, Environment & Forest Department, Secretariat, Chennai - 600 009.

2.The Principal Chief Conservator of Forests, and Head of Forest Force, Chennai - 600 015.

3.The Conservator of Forests, Erode.

4.The District Forest Officer, Erode.

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J.SATHYA NARAYANA PRASAD,J.

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