IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 28227 of 2011(C) --------------------------------------- PETITIONER: ------------------- P.K.RAJU, PATHICKAL HOUSE, RAYAMANGALAM P.O., PERUMBAVOOR, NOW WORKING AS FOREST GUARD, PETTIMUDI FOREST STATION, THALAYAR P.O., 8TH MILE, IDUKKI DISTRICT. BY ADV. SRI.N.K.KARNIS. RESPONDENTS: ------------------------ 1. SECRETARY TO KERALA, FOREST AND WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. CONSERVATOR OF FOREST, (TRDM), FOREST HEAD QUARTERS, THIRUVANANTHAPURAM-695 001. 3. CONSERVATOR OF FOREST, MUNNAR FOREST DIVISION, HIGH RANGE CIRCLE, MUNNAR, IDUKKI DISTRICT-685 612. 4. THE CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM-686 001. 5. DIVISIONAL FOREST OFFICER, MUNNAR DIVISION, DEVIKULAM, IDUKKI DISTRICT-685 613. R1 TO R5 BY SR. GOVT. PLEADER SRI. LIJU STEPHEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28227/2011-C: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 : TRUE COPY OF THE ORDER NO.C(3)-8145/09 DTD.16.9.08 ISSUED BY THE 4TH RESPONDENT. EXT.P2 : TRUE COPY OF THE MEMO OF CHARGES WITH STATEMENT OF ALLEGATIONS DTD.17.6.09 ISSUED TO THE PETITIONER. EXT.P3 : TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO EXT.P2 DTD.11.7.2009. EXT.P4 : TRUE COPY OF THE MEMO OF CHARGES ISSUED BY THE 5TH RESPONDENT DTD.13.11.09 TO THE PETITIONER. EXT.P5 : TRUE COPY OF THE RELEVANT PAGE NOS.66 AND 67 OF THE ENQUIRY REPORT. EXT.P6 : TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER DTD.17.6.2011. EXT.P7 : TRUE COPY OF THE COMMUNICATION ISSUED BY THE FOREST CONSERVATOR TO SRI.PAUL MATHAI, DTD.4.8.2011. EXT.P8 : TRUE COPY OF THE APPEAL FILED BY THE PETITIONER AGAINST EXT.P6 ORDER BEFORE THE 1ST RESPONDENT DTD.20.8.2011. EXT.P9 : TRUE COPY OF THE COVERING LETTER FORWARDING THE EXT.P8 TO THE 1ST RESPONDENT THROUGH PROPER CHANNEL. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 28227 OF 2011 ----------------------------------------------------------- Dated this the 24th October, 2011. JUDGMENT The petitioner is a Forest Guard. He was suspended from service on 16-9-2008 on the allegation that he had failed to take effective steps to prevent the felling of nine trees, thereby causing damage to the tune of Rs.15,500/- to the Government. An enquiry was conducted into the allegations and a punishment of barring of one increment without cumulative effect and recovery of an amount of Rs.1,938/- was imposed on him as per Ext.P6. Being aggrieved by Ext.P6, the petitioner has filed Ext.P8 appeal which is pending before the first respondent. According to the petitioner, no orders have been passed thereon till date. 2. The delay in passing final orders on Ext.P8 is causing serious prejudice to the petitioner for the reason that the grade of the petitioner is not fixed and his revised salary is not being paid to him. He therefore seeks the issue of appropriate directions for the consideration and disposal of Ext.P8 on an early date. 3. I have heard the learned Govt. Pleader also. WPC 28227/2011 2 4. In view of the fact that Ext.P8 is pending consideration of the first respondent, this writ petition can be disposed of directing consideration of the petitioner's appeal expeditiously. 5. This writ petition is accordingly disposed of directing the first respondent to consider the petitioner's appeal evidenced herein by Ext.P8 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 28227/2011 3