Dr.K.Ashokan v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and W.M.P.Nos.25789 & 25790 of 2025 K.Asokan ... Petitioner Vs.
1.
State of Tamil Nadu, Rep.by its Secretary, Animal Husbandry, Diary and Fisheries Department, Fort St.George, Chennai - 600 009.
The Principal of Chief Conservator of Forests, (Head of the Department), Forest Headquarters Building, Near Kannikapuram Checkpost, Guindy, Chennai - 600 032.
The Director of Animal Husbandry and Veterinary Services, Veterinary Hospital Campus, Nandanam, Chennai - 600 035.
The Chief Conservator of Forests & Field Director, Erode Circle,
The Deputy Director, Sathyamangalam Forest Division, Sathyamangalam, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of certiorarified Mandamus, to call for the records of the 4th respondent in Ref.No.ERD-CR/564/2025-G2 dated 16.06.2025, quash the same as being without jurisdiction and further give direction to the respondents to permit the petitioner to retire from service on 30.06.2025 and accordingly give promotion to the petitioner to the post of Assistant Director & Deputy Director on par with his immediate juniors with effect from 2016 and disburse the monetary benefits and other retirement benefits.
For Petitioner : Mr.P.Nethaji For Respondents : Mr.R.U.Dinesh Rajkumar Additional Government Pleader for R1 & R3 : Dr.T.Seenivasan Special Government Pleader for R2, R4 & R5
ORDER
The writ petition has been filed challenging the proceedings of the fourth respondent dated 16.06.2025 and further direct the respondents to permit the petitioner to retire from service on 30.06.2025 and accordingly give promotion to the petitioner to the post of Assistant Director & Deputy
Director on par with his immediate juniors with effect from 2016 and disburse the monetary benefits and other retirement benefits. The case of the petitioner is that he was issued with Charge Memorandum dated 13.08.2021. After completion of enquiry, on the verge of retirement, the Enquiry Report was furnished to the petitioner by the Chief Conservator of Forests & Field Director, Sathyamangalam Tiger Reserve vide impugned proceedings dated 16.06.2025 and he is an incompetent person to send such an Enquiry Report. Hence prays to interfere with the same.
At this Juncture, learned Special Government Pleader would contend that there is serious allegation against the petitioner. Further submits that on the basis of Charge Memorandum, enquiry was conducted against the petitioner and what was served upon the petitioner is only the opinion of the Disciplinary Authority as to why he is differing from the Enquiry Officer. Though the learned Special Government Pleader would contend that the issuing Authority is competent enough to serve the notice, even, if
such Authority is incompetent, the same would in no way prejudice the petitioner, as there is no final order is passed by the Disciplinary Authority. Heard the learned Counsel on either side and perused the materials available on record.
6.
While looking at the facts of this case, what was served upon the petitioner is only the dissent of the Disciplinary Authority. But such deviation was served upon the petitioner through the Chief Conservator of Forests & Field Director, which according to the petitioner is not an competent person. But, this Court is of the firm view that what the Chief Conservator of Forests did is only secretarial work. 7.
In such view of the matter, as rightly contended by the learned Special Government Pleader, this Court do not find any prejudice to the petitioner, as the final order is yet to be passed by the Disciplinary Authority. Therefore, this Court does not find any merits in the instant writ petition.
In the result, the Writ Petition stands dismissed. However, the petitioner is given liberty to give further representation to the respondents within a period of 15 days from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 25.06.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The Secretary, Animal Husbandry, Diary and Fisheries Department, Fort St.George, Chennai - 600 009.
The Principal of Chief Conservator of Forests, (Head of the Department), Forest Headquarters Building, Near Kannikapuram Checkpost, Guindy, Chennai - 600 032.
The Director of Animal Husbandry and Veterinary Services, Veterinary Hospital Campus, Nandanam, Chennai - 600 035.
The Chief Conservator of Forests & Field Director, Erode Circle,
C.KUMARAPPAN, J.
veda The Deputy Director, Sathyamangalam Forest Division, Sathyamangalam, 25.06.2025