R.G.Sivagnanam, v. The State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.06.2018

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.5791 of 2008 and MP.No.2 of 2008 R.G.Sivagnanam ... Petitioner

Versus

1.The State of Tamilnadu rep.by its Secretary to Government, Environment and Forest Department, Forest St.George, Chennai - 600 009.

2.The Pincipal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai - 600 015.

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

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus, to call for the records of the third respondent in Charge sheet No.17/2006 in Na.Ka.No.6981/2006 dated 09.09.2006 and quash the same with consequential direction directing the respondents to disburse all the retirement benefits.

For Petitioner : Mr.V.Ravikumar For Respondents: Mr.M.Santhanaraman, Additional Government Pleader (Forest)

O R D E R

The petitioner, who retired as a Forest Ranger, has filed this writ petition to quash the Charge sheet No.17/2006 in Na.Ka. No.6981/2006 dated 09.09.2006 and consequently direct the respondents to disburse all the retirement benefits.

2. During the course of his employment, the third respondent / District Forest Officer, issued a charge memo containing two charges. The charges are to the effect that the petitioner failed to prevent the offenders from illicit cutting of the valuable trees (Surabunnai Trees) and thereby caused loss to the Government, exchequer.

3. When the writ petition is taken up for hearing today, it is brought to the notice of this Court that the Government has issued a G.O.(D).No.154 Environment and Forest (va12) Department, dated 21.05.2014, thereby passed final order in the disciplinary proceedings initiated against the petitioner.

4. As per the said order passed by the Government, the petitioner was permitted to retire from service, however, for the proved delinquencies, a sum of Rs.300/- per month from his pensionary benefits, for the period of 12 months was ordered to be deducted as a measure of punishment and another sum of Rs.3,268/- has to be deducted from and out of gratuity amount payable to the petitioner. Thus, the charge memo, which is challenged in this writ petition, has culminated in passing final orders by the Government, as mentioned above.

5. In such view of the matter, no further adjudication is required to be made in this writ petition. The relief sought for in this writ petition has become infructuous. Accordingly, the writ petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar klt To 1.The Secretary to Government, State of Tamilnadu, Environment and Forest Department, Forest St.George, Chennai - 600 009.

2.The Pincipal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai - 600 015.

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

+1cc to Mr.V.RAVIKUMAR, Advocate, S.R.No. 40219 +1cc to the Spl. Government Pleader(FOREST), S.R.No. 40211 W.P.No.5791 of 2008 PA(CO) TR(02/08/2018)