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Madras High CourtWP/28659/2013disposed of

C.Manickam v. The State Of Tamilnadu

2020-10-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 07.10.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NO.28659 of 2013 and M.P.NO.1 of 2013 C.Manickam ...

Petitioner - Vs - 1.The State of Tamilnadu, Rep. By its Secretary of Government, Environment and forest Department, Secretariat, Fort. St. George, Chennai-9.

2.The Principal Chief Conservator of Forest, (Head of Forest Force) Panagal Building, Chennai -15.

3.The District Forest Officer Dharmapuri Forest Division, Dharmapuri.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Mandamus, directing the 1st respondent to pass appropriate order on the disciplinary proceedings initiated against the petitioner by invocation of Rule 9(A) of the Tamil Nadu civil (Disciplinary & Appeal) Rules on receipt of records from the 2nd and 3rd respondent within a time framed to be fixed by this Court. For Petitioner : M/S.G.Sankaran For Respondents: Mr.S.V.Vijay Prasath, SGP 1/3

ORDER

This petition was filed by the petitioner, to direct the 1st respondent to pass appropriate order on the disciplinary proceedings initiated against the petitioner by invocation of Rule 9(A) of the Tamil Nadu civil (Disciplinary & Appeal) Rules on receipt of records from the 2nd and 3rd respondent within a time framed to be fixed by this Court.

2. The case of the petitioner is that the petitioner is involved in the Vachathi Forest raid case. Apart from this a criminal case was registered and disciplinary proceedings were initiated against the petitioner in the year 2013, however disciplinary proceedings are yet to be concluded inspite of a lapse of more than seven years. Hence the petitioner filed this writ petition with the above said prayer.

3. Learned counsel appearing for the petitioner submitted that though very many grounds are raised, however, it would suffice if this Court issues a direction to the respondents to conclude the disciplinary proceedings initiated u/r Rule 9-A and 17(c)(i)(1) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules against the respective petitioners, within a period stipulated by this Court.

4. Learned Special Government Pleader appearing for the respondents fairly conceded that the disciplinary proceedings is yet to be concluded, however, submitted that the disciplinary proceedings will be concluded within the time frame stipulated by this Court.

5. In view of the fair stand taken by the learned Special Government Pleader, this Court, without going into the merits of the contentions, directs the respondents to complete the disciplinary proceedings against the petitioners initiated under the relevant rules, in accordance with law within, a period of six months from the date of receipt of copy of this order. 6.With the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar 2/3

To 1.The State of Tamilnadu, Rep. By its Secretary of Government, Environment and forest Department, Secretariat, Fort. St. George, Chennai-9.

2.The Principal Chief Conservator of Forest, (Head of Forest Force) Panagal Building, Chennai -15.

3.The District Forest Officer Dharmapuri Forest Division, Dharmapuri.

+1 cc to Mr.G.Sankaran Advocate sr33414 +1 cc to the Special Government Pleader sr33145 W.P. NO.28659 of 2013 ajs(co) aa02/11/2020 3/3