Nainar Mohamed v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Nainar Mohamed ... Petitioner vs.

1. The Managing Director, Tamil Nadu Forest Plantation Corporation Ltd Karur Road, Malatchipuram, Kambaramsampettai, Trichy.

2. The Principal Chief Conservator of Forest, Panangal Maligai, Saidapet, Chennai-620015.

3.The Chief Secretary to Government, Enforcement and Forest Department, Secretariat, Chennai ....Respondents (R3 is suo motu impleaded as per the order of this Court dated 30.03.2026) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to conclude the disciplinary proceedings initiated against the petitioner vide charge sheet No.1 of 2018 dated 04.09.2018. 1/6

For Petitioner : Mr.M.Mohaboob Athiff For R1 : Mr.T.Amjad Khan Government Advocate For R2 & R3 : Mr.S.Saji Bino Special Government Pleader *****

ORDER

The present writ petition has been filed seeking the issuance of a Writ of Mandamus directing the first respondent to conclude the disciplinary proceedings initiated against the petitioner vide Charge Sheet No.1 of 2018 dated 04.09.2018.

2. Mr. T. Amjad Khan, learned Government Advocate, takes notice for the first respondent. Mr. S. Saji Bino, learned Special Government Pleader, takes notice for the second respondent.

3. By consent of both parties, the writ petition is taken up for final disposal at the stage of admission.

4.The petitioner had served under respondents 1 and 2 for several years. He attained the age of superannuation on 31.01.2014. However, he 2/6

was not permitted to retire and was retained in service by order dated 31.01.2014, as a criminal case had been registered against him while he was in service in Crime No.7 of 2009. A final report was subsequently filed before the Special Judge under the Prevention of Corruption Act, Sivagangai, in C.C. No.5 of 2016. On the basis of the same, disciplinary proceedings were initiated against the petitioner by issuance of a charge memo dated 04.09.2018. Pursuant to the said charge memo, the petitioner submitted his explanation on 20.09.2018. Since the disciplinary proceedings have not been concluded till date, the petitioner has filed the present writ petition.

5. The learned Government Advocate appearing for the first respondent submitted that the case involves a Vigilance and AntiCorruption charge sheet and is not a simple matter. It was further submitted that the criminal case in Spl.S.C. No.5 of 2016 is still pending and, therefore, the disciplinary proceedings would require time for completion.

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6. It is an admitted fact that the criminal case is still pending and has not yet been concluded. However, the petitioner seeks a direction for expeditious completion of the disciplinary proceedings. The appropriate authority in this regard is the Chief Secretary to Government, Enforcement and Forest Department, Secretariat, Chennai. Accordingly, the Chief Secretary to Government, Enforcement and Forest Department, Secretariat, Chennai is suo motu impleaded as the third respondent in this writ petition.

7. The said authority is directed to consider the petitioner's disciplinary proceedings and conclude the same within a period of six months from the date of receipt of a copy of this order. 8.With the above direction, the writ petition is disposed of. No costs.

30.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes am 4/6

To

1. The Managing Director, Tamil Nadu Forest Plantation Corporation Ltd Karur Road, Malatchipuram, Kambaramsampettai, Trichy.

2. The Principal Chief Conservator of Forest, Panangal Maligai, Saidapet, Chennai-620015.

Copy To The Chief Secretary to Government, Enforcement and Forest Department, Secretariat, Chennai 5/6

S.SRIMATHY , J.

am ORDER MADE IN DATED :30.03.2026 6/6