IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 18159 of 2011(T) ----------------------------------------- PETITIONER(S): ------------------------- K.ABDURAHIMAN, S/O. ABOOBACKER, AGED 47 YEARS, FORESTER, SUGANTHAGIRI SECTION, OFFICE OF THE FOREST RANGE OFFICER, KALPETTA, WAYANAD DISTRICT. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA, SRI.N.SHAMSUL HUDA. RESPONDENT(S): -------------------------- 1. STATE OF KERALA,REP.BY ITS SECRETARY TO GOVERNMENT,DEPARTMENT OF FOREST AND WILD LIFE, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS, NORTHERN REGION,VANASREE,MATHOTTAM,KOZHIKODE-673 028. 3. THE CHIEF CONSERVATOR OF FORESTS, ARANYA BHAVAN COMPLEX,OLAVAKKODE, PALAKKAD DISTRICT,PIN-678 002. R1 TO R3 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18159/2011 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS BEARING NO.A3.10012/99 DTD. 6/1/2000 ISSUED BY THE 3RD RESPONDENT. P2: COPY OF THE EXPLANATION DTD. 24/2/2000 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P3: COPY OF THE SHOW CAUSE NOTICE BEARING NO.A3.10012/99 DTD. 22/4/2002 ISSUED BY THE 3RD RESPONDENT. P4: COPY OF THE ORDER NO.A3-10012/99 DTD. 7/5/2004 ISSUED BY THE 3RD RESPONDENT. P5: COPY OF THE ORDER NO.E-4815/2004 DTD. 2/8/2006 PASSED BY THE 2ND RESPONDENT. P5(A): COPY OF THE JUDGMENT DTD. 8/3/2011 IN WP(C) NO.5308/2011 OF THIS HON'BLE COURT. P6: COPY OF THE SHOW CAUSE NOTICE BEARING NO.A3.10012/99 DTD. 22/5/2009 ISSUED BY THE 3RD RESPONDENT. P7: COPY OF THE ORDER NO.A3-10012/99 DTD. 26/03/2011 ISSUED BY THE 3RD RESPONDENT. P8: COPY OF THE APPEAL DTD. 18/04/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P9: COPY OF THE PETITION DTD. 18/04/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 18159 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of July, 2011 J U D G M E N T The petitioner is a Forester under the department of Forest and Wild Life. Earlier, disciplinary proceedings have been initiated against him as per Ext.P1 and the same culminated in Ext.P7 order. As per Ext.P7 two annual increments of the petitioner have been withheld for two years with cumulative effect. Feeling aggrieved by Ext.P7 the petitioner has filed Ext.P8 appeal along with Ext.P9 stay petition. No orders have been passed thereon, so far. It is in the said circumstances that this writ petition has been filed. The contention of the petitioner is that before imposing the said penalty, the copy of the enquiry report was not furnished and thus he was deprived of the opportunity to give reply to the show cause notice after perusing the enquiry report. Since the petitioner has already preferred a statutory appeal before the second respondent and it is pending consideration I do not think it necessary to consider those contentions at this stage. In the circumstances, without making any observation WPC.No.18159/2011 : 2 : as to the merits of the contentions raised in this writ petition as also in Ext.P8, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P8 appeal expeditiously, at any rate, within a period of two months from the date of receipt of copy of this judgment. The petitioner has also filed Ext.P9 petition for staying operation and implementation of Ext.P7 along with Ext.P8 appeal. The second respondent shall consider and pass orders thereon within Three weeks. It is made clear that it will be open to the second respondent to consider and pass orders on Ext.P8 appeal itself within the said period. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge