P.Arun v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.10206 of 2025 and W.M.P.No.11471 of 2025 P.Arun .. Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, St. George Fort, Secretariat, Chennai - 600 009.

2.The Principal Chief Conservator of Forests, Head of Forest Force, Guindy - Velacherry Main Road, Guindy, Chennai - 600 032.

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

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 and 3 to pass final order in the disciplinary proceedings dated 21.04.2021 in Na.Ka.No.2135/2021/pa1 based on the enquiry report dated 10.08.2022, and consequently direct the respondents to promote the petitioner as Forester on

par with similarly placed person viz., K.Alagirisamy as well as on par with his juniors for the panel of year 2024 - 2025. For Petitioner .. Mr.M.R.Jothimanian For Respondents .. Mr.C.Selvaraj, AGP

ORDER

This Writ Petition has been filed in the nature of a Mandamus to pass final orders in the Disciplinary Proceedings dated 21.04.2021 in Na.Ka.No.2135/2021/Pa-1 based on the enquiry report dated 10.08.2022. It is stated that once final orders are passed, if the petitioner is otherwise eligible, the petitioner must be promoted as Forester on par with the similarly placed person, K.Alagirisamy and on par with his juniors for the panel year 2024 - 2025.

2.In the affidavit filed in support of the writ petition, it had been contended that the writ petitioner who is working as Forest Guard and a member of the Tamil Nadu Forest Staff Association, had taken up various issues relating to foresters, who had not been allotted with place of work or salary had not been paid for a number of years. The petitioner, however, claimed that he had not approached the media or given any statement before the media, but had only raised his voice for the benefits of the co-workers.

But however, an enquiry was conducted against the petitioner consequent to a charge memo issued under Rule 17(B) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and the petitioner had participated in the enquiry after submitting an explanation. By this writ petition, the petitioner seeks orders to be passed consequent to the report of the enquiry officer dated 10.08.2022.

3.A direction is given to the respondents to pass consequential orders within a period of four weeks from the date of receipt of a copy of this order. If the enquiry report is accepted, then the petitioner must also be promoted on par with similarly placed person K.Alagirisamy and as well as on par with his juniors for the panel year 2024 - 2025. That consequential order should also be passed within a period of three weeks from the date of passing final orders on the enquiry report. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

15.04.2025 Index:Yes/No Internet:Yes/No smv To

1.The Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, St. George Fort, Secretariat, Chennai - 600 009.

2.The Principal Chief Conservator of Forests, Head of Forest Force, Guindy - Velacherry Main Road, Guindy, Chennai - 600 032.

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

C.V.KARTHIKEYAN,J.

smv W.P.No.10206 of 2025 15.04.2025