R.Vijayakumar v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13625 of 2017 R.Vijayakumar ... Petitioner Vs.

1.The Principal Secretary to the Government Environment and Wild Life, Secretariat, St.George Fort, Chennai.

2.The Principal Chief Conservator of Forest, Secretariat, St.George Fort, Chennai.

3.The Conservator of Forest, Megamalai Range, Theni District.

.. Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order dated 21.01.2017 in AA1/23901/2016-1 issued by the second respondent and quash the same as illegal.

For Petitioner : Mr.Chamundi Bose For Respondents : Mr.K.Guru Additional Government Pleader

O R D E R

Heard Mr.Chamundi Bose, learned counsel appearing for the petitioner and Mr.K.Guru, learned Additional Government Pleader appearing for the respondents.

2. By consent of both sides, this writ petition itself is taken up for final disposal.

3.It is the case of the petitioner that he has suffered a charge memo under Rule 17(b) of the Tamil Nadu Civil Service (D&A) Rules, while serving as a Forest Range Officer, at Meghamanalay Range in Theni District, on the ground that he failed to supervise the range, prevent elephant pouching, collect information and failed to take action on the theft of ivory. Finally, he was also imposed with punishment of stoppage of increment for a period of two years without cumulative effect by order dated 21.01.2017 in https://hcservices.ecourts.gov.in/hcservices/

AA1/23901/2016-1. As against which, the petitioner has also filed a review on 11.03.2017 to the first respondent. At this juncture, the grievance of the petitioner is that without considering his review application, the respondents have decided to give promotion to the post of Deputy Conservator of Forest from the post of Forest Range Officer. As the petitioner has got a fair chance in review application filed on 11.03.2017, a direction may be given to the first respondent to consider and dispose of the pending review on merits.

4.Mr.K.Guru, learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the review filed by the petitioner will be disposed within a reasonable time.

5.Since the review petition is pending from 11.03.2017, this Court finds no impediment to direct the first respondent to pass order before forming next panel for the promotion. 6.Recording the said submission, the first respondent is directed to consider the pending review petition, dated 11.03.2017 filed by the petitioner, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to the Government Environment and Wild Life, Secretariat, St.George Fort, Chennai.

2.The Principal Chief Conservator of Forest, Secretariat, St.George Fort, Chennai.

3.The Conservator of Forest, Megamalai Range, Theni District.

+1cc to M/S.Chamundi Bose, Advocate SR.No. 67103 +1cc to Special Government Pleader, SR.No. 67640 W.P(MD)No.13625 of 2017 24.07.2017 ns JM/SV AA/SAR 2/17.08.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/