IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 29026 of 2003(E)
1. R.GOPALAKRISHNA PANICKER,
... Petitioner
Vs
1. THE DIVISIONAL FOREST OFFICER,
... Respondent
2. THE HIGH RANGE CIRCLE CONSERVATOR,
3. THE ACCOUNTANT GENERAL OF KERALA,
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent :GOVERNMENT PLEADER(FOREST)
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :17/08/2007
O R D E R
KURIAN JOSEPH J.
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W.P.(C) No.29026 of 2003
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Dated 17th August, 2007.
J U D G M E N T
Petitioner is aggrieved by Ext.P1 proceedings leading
to fixation of liability on various grounds. According to the
petitioner, fixation is impermissible since the same is done on
charges which are not framed and communicated to the
petitioner. According to the petitioner, no charges have been
framed in respect of the grievance referred to in Ext.P1. It is seen
from the Original Petition itself that as far as other charges are
concerned, the matter is now pending before the Conservator of
Forests, the higher authority of the first respondent. Therefore, it
is only appropriate that the petitioner pursues his grievance
before the higher authority, in which case, the said authority will
get an opportunity to peruse the records and see whether the
petitioner has been served any memo of charges. If as a matter
of fact, the memo of charges has not been served on the
petitioner, whether there can be any fixation of liability itself can
be examined by the first respondent. In the above circumstances,
the writ petition is disposed of as follows :-
WP NO.29026/03 2
In the event of the petitioner approaching the
Conservator of Forests within two months from today against
Ext.P1, the matter will be duly considered by the said authority
with notice to the petitioner and appropriate orders in accordance
with law will be passed within another three months.
KURIAN JOSEPH, JUDGE.
tgs