S. Dhandapani v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.Nos.31528 and 31529 of 2025 S.Dhandapani ... Petitioner Vs.
1.The State rep by its Additional Chief Secretary Environment, Climate Change & Forest Department, Secretariat, Fort.St.George, Chennai 9.
2.The Principal Chief Conservator of Forests (HOFF), Velachery Main Road, Near Kannigapuram Check Post, Guindy, Chennai 600 032.
3.The Conservator of Forests, Salem Circle, Salem District.-7 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of 3rd respondent made in S.O.No.61 of 2025 dated: 24.05.2025 and the proceedings issued by the 2nd respondent made in Proc.No.HOTNFD/1542/2025-B1 dated: 30.05.2025 and quash both the orders and consequently direct the respondents to permit him to retire from 1/6
service on the date of his superannuation on 31.05.2025 and direct the respondents to pay all his retirement and service benefits. For Petitioner : Mr.G.Selvi George For Respondents : Mr.C.Selvaraj Additional Government Pleader
O R D E R
By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.
2. The instant writ petition has been filed challenging the impugned order dated 30.05.2025 by and in which the petitioner was retained in service and not allowed to retire from service on account of pendency of the Disciplinary Proceedings.
3. Heard the learned counsel for both sides and perused the materials available on record.
4. The learned counsel for the petitioner would submit that the petitioner was appointed as Forest Guard on 25.03.1997 and he was promoted 2/6
to the post of Forester during 2005 and further promoted to the post of Forest Range Officer on 19.09.2016. The learned counsel for the petitioner would further submit that as against the petitioner there was a Charge Memorandum dated 26.04.2024 and thereafter, the Enquiry Officer has submitted a report on 27.01.2025 and for which, the petitioner has also submitted his further explanation on 17.03.2025. Having received the further explanation, without passing the final order, the Appointing Authority has not allowed the petitioner to retire from service, which is nothing but illegal.
5. At this juncture, the learned Additional Government Pleader appearing for the respondents would submit that they will consider the explanation submitted by the petitioner and pass the final order in accordance with law, within a reasonable time.
6. Though the impugned order is challenged on the ground that the respondents did not pass any final order, now that the learned Additional Government Pleader appearing for the respondents would submit that they will pass final order, within a reasonable time, hence, without going into the merits of the writ petition, this Court deems it appropriate to direct the 3/6
Disciplinary Authority/Respondents to consider upon the explanation submitted by the petitioner on 17.03.2025 and pass final order on it's own merits and in accordance with law, within a period of two weeks from the date of receipt of copy of this order.
7. With the above direction, the Writ Petition is disposed of. No costs. Consequently, the connected writ miscellaneous petitions are closed. 31.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6
To 1.The Additional Chief Secretary Environment, Climate Change & Forest Department, Secretariat, Fort.St.George, Chennai 9.
2.The Principal Chief Conservator of Forests (HOFF), Velachery Main Road, Near Kannigapuram Check Post, Guindy, Chennai 600 032.
3.The Conservator of Forests, Salem Circle, Salem District.-7 5/6
C.KUMARAPPAN, J.
dm 31.07.2025 6/6