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2014 DIGILAW 4391 (MAD)

D. Kumarasamy v. Principal Chief Conservator of Forests

2014-11-24

M.M.SUNDRESH

body2014
Judgment : 1. The petitioner herein joined the service of the respondents as Plot Watcher. Thereafter he was appointed as forest Watcher and further promoted as a Forest Guard. Charges have been framed against the petitioner on the ground that he has not performed his functions in accordance with law. Challenging the said impugned charge memo dated 27.7.2009 and the consequential order of suspension by which he was not permitted to retire from service, the present writ petition has been filed. 2. Learned counsel appearing for the petitioner submitted that the petitioner having joined only on 19.1.2009 he cannot be found fault. There was an earlier report filed, which has not been taken note of. Therefore, the order impugned is liable to be set side. 3. The jurisdiction of this Court to go into the charge memo is very limited. The learned counsel for the petitioner seeks to argue on merits before this Court. The charge against the petitioner is that after he has taken over the charge, he did not take appropriate steps towards the unauthorised mining of sand. 4. Learned Government Pleader submitted that the final report has already been submitted before the 3rd respondent. Therefore, the said respondent may be directed to pass appropriate orders within a reasonable time. 5. Considering the above submissions, without going into the merits of the case, a direction is issued to the 3rd respondent to pass appropriate final orders within a period of eight weeks from the date of receipt of copy of this order after affording an opportunity of hearing to the petitioner in the manner known to law. It is made clear that if the copy of the enquiry report is not furnished to the petitioner, the same is directed to be furnished to the petitioner within a period of two weeks from the date of receipt of copy of this order, while calling for explanation from the petitioner. 6. With the above directions, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.