Madras High CourtWP/5299/2024dismissed

V.Gnanappan v. The Principal Chief Conservator Of Forests

2024-03-01Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.Gnanappan ... Petitioner -Vs1. The Principal Chief Conservator of Forests and Head of Forest Force, Forest Head-Quarters, Near Kannikapuram Check Post, Guindy - Velacherry Main Road, Chennai - 600 032.

2. The Chief Conservator of Forests, Chennai Circle, Thiruvallur.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 18.10.2023 seeking to revocation of Suspension Order dated 18.07.2023 in S.O.No.E1/77/2023 on merits within the time limit fixed by this Hon'ble Court.

For Petitioner : Mr.L.Mouli For Respondents : Dr.T.Seenivasan Special Government Pleader

ORDER

This writ petition has been filed for direction directing the respondents to consider the petitioner's representation dated 18.10.2023 seeking to revocation of Suspension Order dated 18.07.2023 in S.O.No.E1/77/2023 on merits within the time limit fixed by this Hon'ble Court.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was appointed as Forester in the respondents Department. Subsequently, he was promoted to the post of Forest Range Officer. While he was working as Forester at Gummidipoondi Range, Tiruvallur, pursuant to the registration of FIR in Crime No.08/AC/2023/TVL, on the file of the Inspector of Police for the offence under Sections 7, 12 of the Prevention of Corruption Act, the petitioner was arrested and remanded to judicial custody for the allegation that he had demanded a sum of Rs.5,000/- from one Munibabu, for the purpose

of issuing transit permission for red sanders to Bangalore. Therefore, the petitioner was deemed to be suspended from 13.07.2023 by an order of suspension dated 18.07.2023.

4. The only ground raised by the petitioner is that no charge sheet has been laid till today and also the petitioner was not served with any charge memo. It is the case of illegal gratification and it requires time to complete the investigation by the investigation agency. Depends upon the charges, the disciplinary proceedings will be initiated against them. Therefore, it is premature to challenge the order of suspension and this writ petition is devoid of merits and is liable to be dismissed.

5. Accordingly, this writ petition is dismissed. There shall be no order as to costs.

01.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Principal Chief Conservator of Forests and Head of Forest Force, Forest Head-Quarters, Near Kannikapuram Check Post, Guindy - Velacherry Main Road, Chennai - 600 032.

2. The Chief Conservator of Forests, Chennai Circle, Thiruvallur.

01.03.2024