IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:02.02.2011 CORAM THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.29940 of 2010 I.Kadher Basha ... Petitioner Vs. 1.The Principal Chief Conservator of Forest and Head of Forest Force, Chennai - 600 015. 2.The Conservator of Forests, Villupuram Circle, Villupuram. 3.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Environment & Forest Department, Secretariat, Chennai - 9. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of certiorarified mandamus to call for the records of the 1st respondent in Pro.No.B2/45148/2010, dated 10.12.2010 to quash the same to the limited extent of declaring the name of the petitioner as not selected for empanelment in the panel for promotion to the post of Forest Ranger for the year 2010-2011 and consequently direct the respondents herein to empanel the petitioner in the said panel for promotion to the post of Forest Ranger for the year 2010-2011 notwithstanding and without reference to the order of punishment imposed by the 2nd respondent in Na.Ka.No.4418/2008/2Pa, dated 30.06.2008 and promote the petitioner as such with retrospective effect from the date of such promotion of his immediate junior and grant all consequential service and monetary benefits. For Petitioner :Mr.M.Ravi For Respondents :Mr.K.Rajasekar, GA(F) ORDER The petitioner-I.Kadher Basha was imposed with a punishment of stoppage of increment for six months without cumulative effect by an order dated 30.06.2008. In pursuant to the disciplinary proceedings https://hcservices.ecourts.gov.in/hcservices/ initiated under Rule 17(a) of the Tamil Nadu Civil Services (D&A) Rules, when the minor punishment was subsequently imposed by the above said order, the learned counsel for the petitioner submits that after the completion of the period of punishment from January, 2009, when there is no further pendency of the disciplinary proceedings against the petitioner on the crucial date, namely, on 15.08.2010, the name of the petitioner should have been included in the panel for the year 2010-2011 for promotion as Forest Ranger in the appropriate place according to his seniority and thereby, he should be promoted as such. As the respondent has not done so, the learned counsel for the petitioner has filed the present writ petition seeking for the aforesaid prayer. 2. In support of his argument, he has also relied upon the judgment of the Division Bench of this Court in W.A.(MD).No.437 of 2010, dated 03.08.2010, wherein this Court in para 8 therefor has held that when the punishment has come to an end and there there is no punishment on the crucial date, the non inclusion of the incumbent in the panel in question is unsustainable. 3. Similarly, in another judgment of a Division Bench of this Court in W.A.(MD).No.30 of 2010, dated 09.02.2010, this has been held that when the crucial date for empanelment is 15.08.2009 and the panel was drawn on 23.12.2009, the person, against whom the recovery order was passed, having paid the entire amount by March, 2009, it was held that the name of the person should be considered for his inclusion in the panel for further promotion. 4. Learned counsel appearing for the respondents submits that though the petitioner was imposed with a punishment of stoppage of increment for six months without cumulative effect by an order dated 30.06.2008, inspite of the fact that the petitioner has completed the above mentioned minor penalty, by an order dated 30.06.2009, still in view of G.O.Ms.No.368, Personnel and Administrative Reforms (S) Department, dated 18.10.1993, followed by Government Letter No.27336/S/96-1, dated 28.06.1996, it was contended that any punishment, other than 'Censure' imposed on an officer within a period of five years prior to the crucial date and a punishment of Censure within a period of one year prior to the crucial date or Censure imposed after the crucial date but before actual promotion should be held against the officer. Therefore, in such a case, the Officer's name should be passed over, provided that if the officer was imposed with any of the punishment within the check period as mentioned above for irregularities/delinquencies which occurred five years prior to the crucial date. 5. The said contention raised by the learned counsel for the respondents is not sustainable, in view of the fact that the petitioner had already undergone the minor penalty of stoppage of increment for six months without cumulative effect well before the https://hcservices.ecourts.gov.in/hcservices/ crucial date, namely, on or before January, 2009, whereas the crucial date was 15.08.2010. When the panel was drawn for the year 2010-2011, admittedly, there is no pendency of charge memo or disciplinary proceedings against the petitioner. 6. In that view of the matter, as the petitioner has already completed the currency of minor punishment of stoppage of increment for fix months without cumulative effect, which was imposed by an order dated 30.06.2008 and admittedly, as there is no disciplinary proceedings or charge memo pending against the petitioner, I am of the view that the name of the petitioner should be included in the further promotional panel for the year 2010-2011 and accordingly, the respondents are directed to empanel the petitioner in the said panel for promotion to the post of Forest Ranger for the year 2010- 2011. 7. With the above observations, the present writ petition is allowed by setting aside the impugned order. No Costs. Consequently, all the connected miscellaneous petitions are closed. rkm Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Principal Chief Conservator of Forest and Head of Forest Force, Chennai - 600 015. 2.The Conservator of Forests, Villupuram Circle, Villupuram. 3.The Principal Secretary to Government, State of Tamil Nadu, Environment & Forest Department, Secretariat, Chennai - 9. + 1 cc to M/s. M. Ravi, Advocate SR No.7939 + 1 cc to Spl Government Pleader (Forest) SR No.7908 RB(CO) SR/21.2.2011 W.P.No.29940/2010 https://hcservices.ecourts.gov.in/hcservices/