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Madras High CourtWP/17578/2013disposed of

A.Rajagopal, v. The Government Of Tamil Nadu,

2017-11-02Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :02.11.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.17578 of 2013 A.Rajagopal ..Petitioner vs 1.The Government of Tamil Nadu, Represented by Additional Chief Secretary to Government, Environment & Forest Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Arasu Rubber Corporation Limited, Nagercoil - 629 001, Kanyakumari District.

3.The Principal Chief Conservator of Forests, (Head of Forest Force) Chennai - 600 015.

4.The Chief Conservator of Forests (Forestry Extension) Madurai.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records on the file of the First Respondent relating to orders in (1) G.O.(3D) No.33 Environment and Forests(FR.1) Department, dated 14.6.2013 and (2) G.O.(3D) No.39, Environment and Forests(FR1) Department, dated 28.6.2013 and the proceedings of the Second Respondent issued in letter No.P2/2798/13 and Na.Ka.P2/2798/13 dated 26.4.2013 and 03.09.2015 respectively and to quash the same and issue consequential directions to the Respondents to permit the petitioner to retire from service on 30.6.2013 A.N. And to grant all consequential Retirement and Pensionary benefits to the Petitioner with due interest on the delayed payment.(Prayer amended as per Order dated 02.11.2017)

For Petitioner : M/s.M.Ravi For Respondents: Mr.M.Santhanaraman Additional Government Pleader(Forests)

O R D E R

The order of suspension issued by the Government in G.O.(3D) No.33, Environment and Forests(FR1) Department, dated 14.06.2013 is under challenge in this writ petition.

2.However, the learned Additional Government Pleader appearing on behalf of the respondents made a submission that during the pendency of the writ petition, the charge memo was issued and the enquiry proceedings were conducted and the enquiry officer has also submitted his final report and the report is under the consideration of the disciplinary authority. Now, the disciplinary authority has to take a decision in respect of the findings rendered by the enquiry officer and thereafter, by following the procedures, final orders to be passed.

3.Under these circumstances, it is suffice if a direction is issued to conclude the enquiry and pass final orders in the disciplinary proceedings. Accordingly, the respondents are directed to complete the enquiry in all respects and pass final orders in the disciplinary proceedings preferably within a period of 12 weeks from the date of receipt of a copy of this order, without causing any further delay.

4.With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. kak Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Additional Chief Secretary to Government, The Government of Tamil Nadu, Environment & Forest Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Arasu Rubber Corporation Limited, Nagercoil - 629 001, Kanyakumari District.

3.The Principal Chief Conservator of Forests, (Head of Forest Force) Chennai - 600 015.

4.The Chief Conservator of Forests (Forestry Extension) Madurai.

+1cc to Government Pleader SR.no.77625 +1cc to Mr.M.Ravi, Advocate SR.No.78104 W.P.No.17578 of 2013 sm:4.12.2017