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Madras High CourtWP(MD)/13811/2020disposed of

R.Ramadas v. The Principal Chief Conservator Of Forests

2020-10-14Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.10.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.13811 of 2020 and W.M.P(MD)No.11462 of 2020 R.Ramadas ... Petitioner Vs.

1.The Principal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai - 15.

2.The District Forest Officer, Thanjavur District, Thanjavur.

3.The Forest Range Officer, Pattukottai Range, Pattukottai, Thanjavur District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the second respondent in connection with the impugned order of suspension passed by him vide his proceedings in Proc.No.2232/2020/E2, dated 01.06.2020 and quash the same as illegal and arbitrary and consequently, direct the respondents to reinstate petitioner in service based on his representation dated 28.07.2020 and 31.08.2020 submitted in person to the 2nd respondent as well as in view of the order of revocation issued to the co-delinquents by the 2nd respondent vide his proceedings dated 02.09.2020 within the time limit that may be stipulated by this court. For Petitioner :

Mr.G.Thalaimutharasau For Respondents :

Mr.M.Jeyakumar, Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the impugned order of suspension passed by the second respondent vide his proceedings in Proc.No.2232/2020/E2, dated 01.06.2020 and quash the same as illegal and arbitrary and direct the respondents to reinstate petitioner in service based on his representations dated 1/3

28.07.2020 and 31.08.2020 submitted in person to the 2nd respondent as well as in view of the order of revocation issued to the codelinquents by the 2nd respondent vide his proceedings dated 02.09.2020 within the time limit that may be stipulated by this court.

2.When the matter was taken up for hearing, the learned counsel appearing for the petitioner states that he has given representations dated 28.07.2020 and 31.08.2020 to the second respondent for revoking the order of suspension. The main contention of the petitioner is that the similar suspension order passed to one P.Muruganantham and Srinivasan, who were colleagues of the petitioner herein, were revoked by the second respondent vide order dated 02.09.2020. But, the petitioner's suspension is still continuing. In this regard, the petitioner has given representations dated 28.07.2020 and 31.08.2020, before the second respondent, so far no action has been taken. Hence, the present writ petition. 3.Mr.M.

Jeyakumar, learned Additional Government Pleader appearing for the respondents fairly submitted that the petitioner's representation dated 28.07.2020 will be disposed of by the 2nd respondent on merits and in accordance with law. He also submitted that they will conclude the disciplinary proceedings within a period of four months and hence, he seeks time to complete the said disciplinary proceedings.

4.Considering the submission made by the learned Additional Government Pleader, this Court issue the following directions: (i) The (*)2nd Respondent is directed to furnish the relevant documents as required by the (*)Petitioner within a period of two weeks from the date of receipt of a copy of this order. (ii) Thereafter, the second respondent is directed to dispose the disciplinary proceedings initiated as against the petitioner vide proceedings in Proc.No.2232/2020/E2, dated 01.06.2020, by considering the petitioner's representation dated 28.07.2020 * on merits and in accordance with law.

(iii) The entire exercise shall be completed including passing final order in the disciplinary proceedings within a period of five months.

5.With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- 2/3

Assistant Registrar (AE) (*)Amended as per order of this Hon'ble Court dated 10.12.2020 Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) das Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai - 15.

2.The District Forest Officer, Thanjavur District, Thanjavur.

3.The Forest Range Officer, Pattukottai Range, Pattukottai, Thanjavur District.

+1 CC to M/s.GP ( SR-20179[F] dated 15/10/2020 ) +1 CC to M/s.G. THALAIMUTHARASU, Advocate ( SR-20342[F] dated 16/10/2020 ) W.P.(MD) No.13811 of 2020 and W.M.P(MD)No.11462 of 2020 14.10.2020 SMV(CO) AP(03/11/2020) 3P 6C 3/3