R.Sengottuvelu, v. The Chief Forest Guard And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14-03-2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.22032 of 2018 R.Sengottuvelu ...

Petitioner - Vs. - 1.The Chief Forest Guard and Forest Conservator, Salem Zone, Salem-7.

2.The District Forest Officer, Namakkal Division, Namakkal.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to revoke the suspension by considering the representation of the petitioner on 5.6.2018. For Petitioner : Mr.A.Sundaravadhanan For Respondents : Mr.S.V.Vijay Prashanth, Additional Government Pleader (Forests).

O R D E R

The relief sought for in the present writ petition is for a direction to direct the first respondent to revoke the suspension by considering the representation submitted by the writ petitioner on 5.6.2018.

2. The writ petitioner was working as Forest Guard in Forest Protection Squad, Namakkal.

3. On account of certain grave charges, the writ petitioner was placed under suspension, more specifically, a case in reference No.Cr.No.5/AC/2007 dated 26.9.2017 by the Vigilance and Anti-Corruption Department, Namakkal, is pending. https://hcservices.ecourts.gov.in/hcservices/

4. Under these circumstances, the writ petitioner made a representation to the first respondent on 5.6.2018 to consider his case for revocation of suspension. Undoubtedly, the allegation of corruption initiated against the writ petitioner by the Department of Vigilance and Anti-Corruption is serious in nature. However, based on the development in the investigation process and the pending files, the competent authority is empowered to review the suspension order periodically.

5. Under these circumstances, the first respondent shall review the order of suspension issued in proceedings dated 27.9.2017 and take decision on merits and in accordance with law and pass suitable orders, as expeditiously as possible.

6. With the above observations, the writ petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Svn To 1.The Chief Forest Guard and Forest Conservator, Salem Zone, Salem-7.

2.The District Forest Officer, Namakkal Division, Namakkal.

+1cc to Mr.A.Sundaravadhanan, Advocate Sr.24542 +1cc to the Special Government Pleader sr.24328 WP 22032 of 2018 rv[co] srg 12/04/2019 https://hcservices.ecourts.gov.in/hcservices/