R.Jayakumar v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.34012 of 2022 R.Jayakumar ... Petitioner vs.
1.The State of Tamil Nadu, rep. by its Additional Chief Secretary, Environment, Climate Change and Forest Department, Secretariat, Chennai - 600 009.
2.Principal Chief Conservator of Forests (Head of Department), Forest Head Quarters, Guindy, Chennai - 600 032.
3.Conservator of Forests, Vellore Circle, Vellore.
4.District Forest Officer, Thiruvannamalai Forest Division, Thiruvannamalai.
5.Inquiry Officer cum Assistant Conservator of Forests, Tirupattur Forest Division, Tirupattur.
... Respondents 1/5
Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the 4th and 5th respondents to complete the disciplinary proceedings in C.No.7461/2020/O, dated 08.12.2020 and Charge Sheet No.7/2020 within the time limit fixed by this Court.
For petitioner :
Mr.L.Mouli For respondents :
Ms.E.Indhumathi, Government Advocate
ORDER
This writ petition has been filed for a Mandamus seeking for a limited relief.
2.The petitioner is facing disciplinary proceedings dated 08.12.2020 initiated against him by the respondents and he has also participated in the enquiry proceedings. According to the petitioner, even though the enquiry proceedings has got concluded, till date the enquiry report has not been submitted by the enquiry officer and no final orders have been passed by the disciplinary authority. The petitioner relies upon G.O. Ms. No.81 Human Resources Management (N) Department dated 04.08.2022, which prescribes guidelines in respect of the enquiry 2/5
proceedings. The petitioner claims that the said guidelines have not been followed by the respondents. As there is a delay on the part of the respondents to conclude and pass final orders in the enquiry proceedings, the petitioner seeks for early disposal of the enquiry proceedings and for passing of final orders, within a time frame to be fixed by this Court. 3.Heard Mr.L.Mouli, learned counsel for the petitioner and Ms.E.Indhumathi, learned Government Advocate, who accepts notice on behalf of the respondents.
4.No prejudice would be caused to the respondents if a direction is issued to the respondents to pass final orders in the disciplinary proceedings initiated against the petitioner, within a time frame to be fixed by this Court.
5.For the foregoing reasons, this Court directs the respondents 4 and 5 to pass final orders, on merits and in accordance with law in the disciplinary proceedings initiated against the petitioner in C.No.7461/ 2020/O dated 08.12.2020 and Charge Sheet No.7/2020, within a period 3/5
of four weeks from the date of receipt of a copy of this order. 4/5
ABDUL QUDDHOSE, J.
vga 6.With the aforesaid direction, the writ petition stands disposed of. No costs.
20.12.2022 Index: Yes/No vga To 1.The State of Tamil Nadu, rep. by its Additional Chief Secretary, Environment, Climate Change and Forest Department, Secretariat, Chennai - 600 009.
2.Principal Chief Conservator of Forests (Head of Department), Forest Head Quarters, Guindy, Chennai - 600 032.
3.Conservator of Forests, Vellore Circle, Vellore.
4.District Forest Officer, Thiruvannamalai Forest Division, Thiruvannamalai.
5.Inquiry Officer cum Assistant Conservator of Forests, Tirupattur Forest Division, Tirupattur.
W.P.No.34012 of 2022 5/5