Madras High CourtWP(MD)/14578/2019disposed as infructuous

N.Mariappan v. The Conservator Of Forests

2022-02-11Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Twenty Eighth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR WP(MD) No.14578 of 2019 and WMP(MD).No.11032 of 2019 N.MARIAPPAN ... PETITIONER Vs 1 THE CONSERVATOR OF FORESTS, VIRUDHUNAGAR CIRCLE, VIRUDHUNAGAR.

2 THE DISTRICT FOREST OFFICER, SIVAGANGAI DIVISION, SIVAGANGAI.

3 THE ENQUIRY OFFICER/ ASSISTANT CONSERVATOR OF FORESTS AND ECO DEVELOPMENT OFFICER, OFFICE OF THE WILD LIFE WARDEN, GULF OF MANNAR MARINE NATIONAL PARK, RAMANATHAPURAM. ... RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Certiorari, call for the records pertaining to the calling for the records pertaining to the impugned charge Memo issued by the 2nd respondent vide his proceedings in C.NO.1652/2018/D(1) dated 20.6.2018 and consequential Enquiry Notice of the 3rd respondent dated 03.05.2019 in C.NO.2093/2019/E dated 03.05.2019 and quash the same so far as this petitioner concern as illegal and for other reliefs.

Prayer in WMP(MD). 11032/ 2019 :

To grant an interim stay of all further proceeding of the impugned charge memo issued by the 2nd respondent vide his proceedings in C.NO.1652/2018/D(1) dated 20.06.2018 and consequential enquiry Notice of the 3rd respondent dated 03.05.2019 in C.NO.2093/2019/E dated 03.05.2019 pending disposal of the above Writ Petition and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.J.LAWRANCE, Advocate for the petitioner and of MR.A.MUTHU KARUPPAN, Additional Government Pleader on behalf of the Respondents, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

Mr.A.Muthu Karuppan, Additional Government Pleader, takes notice for the respondents.

2.This petition has been filed before this Court, challenging the charge memo issued against the petitioner, merely on the grounds that the said charges have been framed beyond four years period from the date of his retirement and the same is contrary to the Pension Rules.

3.Considering the above said fact, there shall be an order of interim stay in respect of passing of final order only. In other aspects the respondent shall proceed further. 4.Notice of motion, returnable by eight weeks. Private notice is permitted.

sd/- 28/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CONSERVATOR OF FORESTS, VIRUDHUNAGAR CIRCLE, VIRUDHUNAGAR.

2 THE DISTRICT FOREST OFFICER, SIVAGANGAI DIVISION, SIVAGANGAI.

3 THE ENQUIRY OFFICER/ ASSISTANT CONSERVATOR OF FORESTS AND ECO DEVELOPMENT OFFICER, OFFICE OF THE WILD LIFE WARDEN, GULF OF MANNAR MARINE NATIONAL PARK, RAMANATHAPURAM.

+1. C.C. to M/S.J.LAWRANCE Advocate SR.No. 10778

ORDER

IN WP(MD) No.14578 of 2019 and WMP(MD).No.11032 of 2019 Date :28/06/2019 https://hcservices.ecourts.gov.in/hcservices/ JM/PN/SAR 1/04.07.2019/2P/5C