Madras High CourtWP/29979/2015disposed of

S.T.Selvakumar, v. The Zonal Conservator

2015-09-23Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.29979 of 2015 S.T.Selvakumar ... Petitioner Vs.

1 The Zonal Conservator of Forest cum Field Director Office of the Zonal Conservator of Forest Roja Nagar Soolai Erode District.

2 The District Forest Officer cum Dy. Director Sathyamangalam Tiger Reserve Forest Aasansoor Forest Division Erode District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to take up the appeal preferred by the petitioner on 07.03.2015 and to pass final order thereof within a time limit that may be stipulated by this Honourable Court.

For Petitioner : Mr.S.Mani For Respondents : Mr.N.Inbanathan Government Advocate (Forest)

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner while working as Forest Guard applied for medical leave from 05.09.2013 to 14.09.2013 which was subsequently extended till 28.11.2013 and he continued his medical leave by periodically submitting medical leave till 27.01.2014 and when he recovered from illness, his wife has also suffered severe ailment and she was hospitalized for six months and therefore, the petitioner has to take care of his family and hence extended his medical leave for a further period and the petitioner was issued with charge memo dated 30.06.2014 on account of his larger absence and it ultimately resulted in the punishment of removal from service on 30.09.2014. The petitioner aggrieved by the order of https://hcservices.ecourts.gov.in/hcservices/

punishment issued by the second respondent, filed departmental appeal to the first respondent and since no orders have been passed, came forward to file this writ petition.

3.Heard the submissions of Mr.S.Mani, learned counsel appearing for the petitioner and Mr.N.Inbanathan, learned Government Advocate (Forest) who accepts notice on behalf of the respondents. 4.This Court taking into consideration the limited scope of the prayer sought for by the petitioner, directs the first respondent to consider and dispose of the petitioner's appeal memorandum/ petition dated 07.03.2015 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. 5.The writ petition is disposed of accordingly. No costs. -sd/- ASSISTANT REGISTRAR(CS-III) / TRUE COPY / SUB-ASSISTANT REGISTRAR pri To 1 The Zonal Conservator of Forest cum Field Director Office of the Zonal Conservator of Forest Roja Nagar Soolai Erode District.

2 The District Forest Officer cum Dy. Director Sathyamangalam Tiger Reserve Forest Aasansoor Forest Division Erode District.

+1 CC to Mr.S.Mani Advocate. SR.NO.52581 +1 CC to Special Govt.Pleader. SR.NO.52069 W.P.No.29979 of 2015 CO-VD JD 13/10/2015 https://hcservices.ecourts.gov.in/hcservices/