K.A.Kumaresan v. The District Forest Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.35626 of 2004 K.A.Kumaresan ... Petitioner Vs.

1. The District Forest Officer, Harur Forest Division, Harur, Dharmapuri District.

2. The Conservator of Forests, Dharmapuri Division, Dharmapuri.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari calling for the records relating to order dated 21.09.2004 in Roc.No.1500/94 E on the file of first Respondent, confirmed in Na.Ka.No.11667/04 P.2 dated 10.11.2004 by the second respondent and quash the same.

For Petitioner : Mr.T.Arulraj For Respondents : Mr.M.Santhanaraman for R1 & R2 Additional Government Pleader

O R D E R

The Petitioner has filed this writ petition seeking issuance of Writ of Certiorari to call for the records relating to the order dated 21.09.2004 in Roc. No.1500/94 E on the file of the first Respondent, confirmed in Na.Ka.No.11667/04 P.2 dated 10.11.2004 by the second respondent and quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The petitioner while he was working as forest guard in Morapur range, Mookanur Beat, Harur Taluk, Dharmapuri District, on 27.02.1994, a trap was conducted by the vigilance officers and the vigilance case was registered before the Special Judge, Krishnagiri in C.C.No.1 of 1997. After trial, the petitioner was convicted in https://hcservices.ecourts.gov.in/hcservices/

the criminal case, against which, the petitioner filed appeal before this Court. Since the criminal case ended in conviction, the petitioner was dismissed from the service by the respondent vide order dated 21.09.2004, against which he preferred appeal before the second respondent. The second respondent passed the impugned order dated 10.11.2004, stating that the appeal will be considered only after the conclusion of the criminal case.

4. In view of the above, I do not find any error or infirmity in the impugned order. Accordingly, the writ petition is dismissed with liberty to the petitioner to work out the remedy after conclusion of the criminal case. No Costs.

-sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar msvm To

1. The District Forest Officer, Harur Forest Division, Harur, Dharmapuri District.

2. The Conservator of Forests, Dharmapuri Division, Dharmapuri.

+1 cc to special Government pleader SR.NO. 67240 W.P.No.35626 of 2004 rk[co] RD 10/11/2017 https://hcservices.ecourts.gov.in/hcservices/