K.Sakthi Ganesh v. The Conservator Of Forests

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P.No. 15905 of 2022 K. Sakthi Ganesh ... Petitioner Vs.

1. The Conservator of Forests & Field Director, Anaimalai Tiger Reserve, Coimbatore.

2. The Deputy Director, Anaimalai Tiger Reserve, Pollachi Division.

3. Thiru. S.N. Thejasvi, I.F.S., The Deputy Director, Anaimalai Tiger Reserve Tiruppur Division, Udumalpet.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Certiorari, calling for the records on the file of the second respondent in Letter No.E/4152/2019 dated 15.12.2021 and the proceedings of the first respondent issued in PROC No.E2/3485/2019 dated 06.04.2022 and quash the same.

For Petitioner : Mr. P. Kumaravel For Respondents : Mr. T. Arunkumar Additional Government Pleader for R1 and R2 1/5

ORDER

This writ petition is filed for the issuance of a writ of Certiorari, calling for the records on the file of the second respondent in Letter No.E/4152/2019 dated 15.12.2021 and the proceedings of the first respondent issued in PROC No.E2/3485/2019 dated 06.04.2022 and quash the same.

2. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, this writ petition has been filed challenging the impugned charge memo and the appointment of the enquiry officer. The ground raised in this writ petition is that the petitioner has made an application on 29.01.2022 to furnish the copy of the documents and furnish the statement of witnesses to the enquiry officer. But his representation was considered. Therefore, he was not able to submit his explanations to the enquiry officer. Hence, he has filed the instant writ petition challenging the said impugned charge memo.

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4. On instructions, the learned Government Pleader appearing for the respondents has fairly submitted that the some of the documents relied upon by the petitioner are now been marked before the criminal court and it takes some time to obtain the copy of the said documents and thereafter the documents will be furnished as requested by the petitioner's application dated 29.01.2022.

5. In the light of the above submissions made by the learned Government Pleader for the respondents, this Court directs the second and third respondents to consider the petitioner's application dated 29.01.2022 and to pass orders for furnishing the documents within a period of four weeks from the date of receipt of a copy of this order. On receipt of the said records, the writ petitioner shall reply to the aforesaid impugned order. Thereafter, the disciplinary proceedings may be proceeded in accordance with law.

6. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 01.07.2022 Index : Yes / No Internet : Yes/ No mrn 3/5

To

1. The Conservator of Forests & Field Director, Anaimalai Tiger Reserve, Coimbatore.

2. The Deputy Director, Anaimalai Tiger Reserve, Pollachi Division.

3. Thiru. S.N. Thejasvi, I.F.S., The Deputy Director, Anaimalai Tiger Reserve Tiruppur Division, Udumalpet.

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D.KRISHNAKUMAR, J.

(mrn) and W.M.P.No. 15905 of 2022 01.07.2022 5/5