K.Sakthi Ganesh v. The Principal Chief

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.33783 of 2019 and WMP.No.34284 of 2019 K.Sakthi Ganesh, S/o.Kumar.

... Petitioner -Vs1.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-600 015.

2.The Additional Principal Chief Conservator of Forests and Field Director (FAC), Anamalai Tiger Reserve, Pollachi.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to review the order of suspension issued by the 2nd respondent in S.O.No.E1/32/2019 dated 19.07.2019 and to reinstate the petitioner into service with all consequential and other attendant benefits, based on the representation submitted by the petitioner in person dated 30.09.2019, within a time frame to be fixed by this Hon'ble Court.

For Petitioner : Mr.G.Sankaran For Respondents : Mr.K.Elumalai, Government Advocate.

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O R D E R

This writ petition has been filed for issuance of Writ of Mandamus directing the respondent to review the order of suspension issued against the petitioner on 19.07.2019 and to reinstate the petitioner into service with all consequential benefits.

2.It is seen from records that the petitioner was posted as Forest Range Officer at Valparai Division, Pollachi, Coimbatore in the year 2018. A complaint came to be given against the petitioner and the same resulted in an FIR registered in Crime No.16 of 2019 for an offence under Section 7 of Prevention of Corruption Act. The petitioner was arrested and remanded to judicial custody. In view of the same, an order of suspension came to be passed on 19.07.2019, under Section 17(e) of the Tamil Nadu Civil Services (Discipline & Appeal) rules pending enquiry into grave charges.

3.The petitioner was kept under prolonged suspension and therefore, he made a representation on 30.09.2019 to the respondents to revoke the suspension and to reinstate him. Since the representation was not considered, the present writ petition has been filed before this Court.

4.Heard Mr.G.Sankaran, the learned counsel for the petitioner and Mr.K.Elumalai, learned Government Advocate, appearing on behalf of the respondents.

5.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the second respondent to consider the representation made by the petitioner on 30.09.2019 and pass appropriate orders, strictly in accordance with law within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to give a fresh representation to the second respondent along with a copy of the earlier representation dated 30.09.2019 and a copy of this order.

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6.This writ petition is disposed of with the above directions. No costs. Connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar rm To 1.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-600 015.

2.The Additional Principal Chief Conservator of Forests and Field Director (FAC), Anamalai Tiger Reserve, Pollachi.

3.The Special Government Pleader(Forest) High Court, Madras.

+1 cc to Government Pleader sr106606 +1 cc to M/s.G.Sankaran Advocate sr 106320 W.P.No.33783 of 2019 and WMP.No.34284 of 2019 aa21/01/2020 Page No.3/3