IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 26513 of 2008(F) -------------------------- PETITIONER: --------------- N. SHAMSUL HUDA, RETIRED DEPUTY CONSERVATOR OF FORESTS (NON CADRE), 22/382-B, BYE - PASS JUNCTION, THIRUVANNUR.P.O, CALICUT-29. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST AND WILF LIFE GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS (ADMN.), FOREST HEADQUARTER5, VAZHUTHACUAD, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ================= W.P.(C).No.26513 of 2008 - F =============================== Dated this the 30th day of October, 2008. J U D G M E N T The petitioner is a retired Deputy Conservator of Forests. While he was working as District Forest Officer (Flying Squad), Palakkad, disciplinary action was initiated against him. The petitioner was placed under suspension in the year 2002 and later, reinstated in service in the year 2005. Thereafter a memo of charges, Ext.P3 was issued. The petitioner submitted his reply. An Enquiry Officer was appointed and according to the petitioner, the Enquiry Officer has after enquiry submitted his report to the Government. The petitioner's grievance is that though the Enquiry Officer has submitted his report, the disciplinary action initiated against him is not yet finalised though he retired from service on 30.6.2007. In this writ petition the petitioner seeks a writ in the nature of mandamus commanding the State Government to finalise the disciplinary action initiated against him within a time limit to be fixed by this Court. W.P.(C).No.26513 of 2008 - F 2 2. As directed by this Court, a statement dated 20.10.2008 has been filed on behalf of the first respondent. The statement reads as follows: “It is respectfully submitted that the formal enquiry report referred to in the writ petition is the enquiry report on the Olavakkode Strong Room Theft Case. The report was received in Government on 27.05.2008. The files connected to the case were received only on 02.07.2008. The report has been returned by the Government to the Chief Conservator of Forests (Administration) for his specific remarks vide Government letter No.15076/A1/05/F&WLD dated 09.07.2008 and the same is awaited. The Chief Conservator of Forests (Administration) has not returned the enquiry report with his remarks so far. He has been reminded to forward the same by Fax vide Govt. letter No.15076/A1/05/F&WLD dated 17.10.2008. On receipt of the same, it has to be examined with connected records and the procedures laid out in the KCS(CC&A) Rules 1960 have to be followed for the finalisation of the case. The petitioners being a retired officer, the procedures laid out in Part III KSRs have also to be followed for finalising the case. Consultation with Kerala Public Service Commission is also required if the punishment to be imposed is a major penalty. It is therefore prayed that reasonable time necessary to complete the procedures in the case may be granted to the respondents.” 3. It is evident from the statement filed on behalf of the first respondent that through the report of the Enquiry Officer was received by the Government on 27.5.2008, the connected records were received only on 2.7.2008 and that the Government W.P.(C).No.26513 of 2008 - F 3 have referred the matter to the Chief Conservator of Forests (Administration) for his remarks. It is further stated that after the views of the Chief Conservator of Forests (Administration) are obtained, after complying with the provisions of the Kerala Civil Services (Classification, Control and Appeal) Rules 1960, the disciplinary proceedings will have to be finalised after consultation with the Kerala Public Service Commission if found necessary. The respondents have in the statement prayed that a reasonable time may be granted to complete the disciplinary proceedings. 4. The charges levelled against the petitioner relate to theft of sandal wood from the Strong Room at Olavakkode. The issue is one of substantial public importance. The allegations levelled against the petitioner are grave in nature. The enquiry report was received by the Government only towards the end of May 2008 and the records were received only on 2.7.2008. Being a matter of substantial public importance, the Government and the other agencies concerned will have to bestow serious attention to various aspects of the case, adhere to the procedure W.P.(C).No.26513 of 2008 - F 4 prescribed in the Kerala State Civil Services (Classification, Control and Appeal) Rules 1960 and consult the Kerala Public Service Commission if it is found necessary before final orders are passed in the matter. Therefore, the Government will have to be given some leeway in the matter. However, having regard to the fact that the enquiry has been completed and what remains to be done is finalisation of the disciplinary proceedings and the further fact that the petitioner retired from service on 30.6.2007, I dispose of the writ petition with a direction to the Government to finalise the disciplinary proceedings initiated against the petitioner in respect of the charges referred to in Ext.P3 within six months from the date of receipt of a certified copy of this judgment. P.N.RAVINDRAN, JUDGE bkn/-