P. Anbalagan v. The Principal Chief Conservator Of Forests And Head Of Forest Force

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND P.Anbalagan ... Petitioner Vs.

1.The Principal Chief Conservator of Forests and Head of Forest Force, TamilNadu Forest Department, Guindy-Velachery Main Road, Guindy, Chennai-600 032.

2. The Conservator of Forests, Trichy Circle, Trichy.

3. The Divisional Forest Officer, Social Forestry Division, Trichy.

4. The District Forest Officer, Trichy Forest Division, Trichy.

5. The District Forest Officer, Ariyalur Forest Division, Ariyalur.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to pass final order on the disciplinary proceedings initiated by the third respondent Charge Memo No.4/2013 (Na.Ka.No.21/2009(2)/Pa.) dated 31.12.2013, based on the Enquriy Report dated 28.01.2015 and further explanation of the petitioner dated 10.02.2017.

For Petitioner : Mr.B.Karunanithi For Respondents : Mr.P.Subbaraj Special Government Pleader

O R D E R

Heard, the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

2. The petitioner was suspended from service from 11.07.2010 and his suspension order was revoked on 26.04.2012. A charge memo was issued on 22.03.2012, framing five charges. Thereafter, major punishment of dismissal from service was imposed by the third respondent by an order dated 31.08.2016. On appeal, the second respondent passed the order dated 05.05.2017 and set aside the punishment order and ordered to issue fresh charge memo. Accordingly, the fourth respondent issued a fresh charge memo. 2/6

3. The learned Counsel appearing for the petitioner submits that the enquiry has been initiated pursuant to the charge memo dated 31.12.2013 and the same was still pending without passing any final orders.

4. The learned Special Government Pleader submits that the enquiry would be completed within the time to be stipulated by this Court.

5. Considering the facts and circumstances of this case, if the contention of the petitioner is that the enquiry is pending from the year 2013 against the petitioner is not acceptable. Though, the petitioner submitted his explanation, keeping the enquiry pending for all these years is unreasonable.

6. Accordingly, this writ petition can be disposed of with a direction to the first respondent to conclude the disciplinary proceedings initiated as against the petitioner, pursuant to the charge memo dated 31.12.2013 within a reasonable period to meet the ends of justice. 3/6

7. Accordingly, this writ petition is disposed of with a direction to the first respondent and pass final orders on the proceedings issued against the petitioner, pursuant to charge memo dated 31.12.2013 within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.

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To:

1.The Principal Chief Conservator of Forests and Head of Forest Force, TamilNadu Forest Department, Guindy-Velachery Main Road, Guindy, Chennai-600 032.

2. The Conservator of Forests, Trichy Circle, Trichy.

3. The Divisional Forest Officer, Social Forestry Division, Trichy.

4. The District Forest Officer, Trichy Forest Division, Trichy.

5. The District Forest Officer, Ariyalur Forest Division, Ariyalur.

5/6

BATTU DEVANAND , J.

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