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Madras High CourtWP/6715/2025disposed of

B.Muthu v. The State Of Tamilnadu

2025-02-25Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.6715 of 2025 and W.M.P.No.7372 of 2025 B.Muthu .. Petitioner Vs.

1. The State of Tamil Nadu, Rep iy its Additional Chief Secretary to Government, Environmental Climate Change and Forest Department, St.George Fort, Secretariat, Chennai 600009.

2. The Principal Chief Conservator of Forests, Head of Forest Force, Guindy - Velacherry Main Road, Guindy, Chennai - 600032.

3. The Chief Conservator of Forests and Field Director Sathyamangalam Tiger Reserve, Erode - 638 004, Erode District.

4. The Conservator Of Forests, Working Plan Division, Forest Department, Coimbatore - 43, Coimbatore District.

5. Nihar Ranjan I.F.S.,

Chief Conservator Of Forests, Research Wing, Kolapakkam, Chennai 600 127.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to pass final order in the disciplinary proceedings dated 08.06.2021 in Na.Ka.No.2459/2021/pa1, and consequently, direct the 2nd to 4th respondents to permit / allow the petitioner to retire from service in view of his age of superannuation dated 28.02.2025 along with all retirement / terminal benefits.

For Petitioner .. Mr.Srinivasa Rao For Mr.M.R.Jothimanian For Respondents .. Dr.T.Srinivasan, Additional Government Pleader

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction to the 2nd and 3rd respondents to pass final orders in the disciplinary proceeding dated 08.06.2021 in Na.Ka.No.2459/2021/pa1 and direct the 2nd to 4th respondents to permit the petitioner to retire from service consequent to attaining the age of superannuation on 28.02.2025.

2.It would be highly improper for this Court to substitute itself to the post of Principal Chief Conservator of Forests and to examine whether a particular employee can be permitted to retire or not permitted to retire. That is a decision which has to be taken exclusively by the 2nd respondent depending on the findings returned by the enquiry officer. The 2nd respondent may keep in mind that the petitioner is to retire on attaining the age of superannuation on 28.02.2025 and therefore, keeping that exigency in mind, take a decision at the earliest preferably on or before 28.02.2025. 3.With the above observations, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 25.02.2025 smv Index:Yes/No Internet:Yes/No Note :- Issue order copy on 26.02.2025

To

1. The Additional Chief Secretary to Government, Environmental Climate Change and Forest Department, St.George Fort, Secretariat, Chennai 600009.

2. The Principal Chief Conservator of Forests, Head of Forest Force, Guindy - Velacherry Main Road, Guindy, Chennai - 600032.

3. The Chief Conservator of Forests and Field Director Sathyamangalam Tiger Reserve, Erode - 638 004, Erode District.

4. The Conservator Of Forests, Working Plan Division, Forest Department, Coimbatore - 43, Coimbatore District.

5. Nihar Ranjan I.F.S., Chief Conservator Of Forests, Research Wing, Kolapakkam, Chennai 600 127.

C.V.KARTHIKEYAN,J.

smv W.P.No.6715 of 2025 25.02.2025