Suresh.J vs The Chief Conservator Of Forests on 17 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36486 of 2009(E)


1. SURESH.J,
                      ...  Petitioner

                        Vs



1. THE CHIEF CONSERVATOR OF FORESTS,
                       ...       Respondent

2. SRI.KOCHUKANJIRAM,

                For Petitioner  :SRI.P.C.SASIDHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :17/12/2009

 O R D E R
                       ANTONY DOMINIC, J.
                    ================
                 W.P.(C) NO. 36486 OF 2009 (E)
                 =====================

        Dated this the 17th day of December, 2009

                         J U D G M E N T

While working as Forester, by Ext.P1 order dated 21/6/06,

the petitioner was placed under suspension on allegations of

misconduct. Thereafter, he was reinstated in service on 12/2/2009

without prejudice to continuance of the disciplinary action.

2. He was thereafter issued Ext.P2 memo of charges and

Ext.P3 explanation was submitted. The explanation was not

accepted and by Ext.P4, the 2nd respondent was appointed as the

Enquiry Officer. According to the petitioner, enquiry was

completed and was concluded on 19/11/2008. But, however, the

enquiry officer has not so far submitted his report, as a result of

which, the disciplinary proceedings remains inconclusive causing

grave prejudice to the petitioner.

3. It is seen that contending of the above and praying for

expeditious finalisation of the disciplinary proceedings, petitioner

has submitted Ext.P6 representation before the 1st respondent.

Even that representation has not been considered. It is in these

circumstances, the writ petition is filed.

WPC 36486/09
:2 :

4. If as stated by the petitioner, the enquiry was

concluded as early as on 19/11/2008, prima facie there cannot be

any reason for the inordinate delay in submitting the report and

finalising the proceedings. In any case, now that the petitioner

has approached the 1st respondent pointing out this injustice and

the prejudice that he has suffered by filing Ext.P6 representation,

I direct the 1st respondent to deal with his contentions and pass

appropriate orders remedying his grievance. This shall be done,

as expeditiously as possible, at any rate within 6 weeks of

production of a copy of this judgment along with a copy of this

writ petition.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp