1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Appeal (MD)No.51 of 2011 and M.P.(MD)No.1 of 2011 1.The Secretary to Government, Departmental Promotion Committee for Empanelment and Promotion as Assistant Conservators for the year 2008-2009, Environment and Forests Department, Fort St.George, Chennai-600 009. 2.The Principal Chief Conservator of Forests, Panagal Buildings, Chennai-600 015. 3.The Additional Principal Chief Conservator of Forests, (Forest Administration), O/o.The Principal Chief Conservator of Forests, Chennai-600 015. 4.The Conservator of Forests, Virudhunagar Circle, Virudhunagar. : Appellants/Respondents Vs. S.Arasappan Forest Ranger Kannivadi Range, Dindidgul Forest Division : Respondent/Petitioner Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 15.09.2009, made in W.P.(MD) No.9000 of 2008. Prayer in W.P.(MD)No.9000 of 2008: presented to this Court under Article 226 of the Constitution of India to issuance of Writ of Certiorarified Mandamus, to call for the records relating to the orders in (1) Pro.No.Aa.Aa.3/68157/1/07 dated 21.05.2008 of the third respondent and (2) Pro.No.C.2867/07 dated 31.05.2007 of the fourth respondent to quash the same and to issue consequential directions to the Respondents 1 and 2 to include the name of the petitioner in the https://hcservices.ecourts.gov.in/hcservices/ 2 appropriate place in the ensuing panel for promotion as Assistant Conservator of Forests for the year 2008-2009 and to consequently promote the petitioner as such with all benefits notwithstanding and without reference to the order of punishment in Pro.C/2867/07 dated 31.05.2007 of the fourth respondent as confirmed by the third respondent in Pro.No.Aa.Aa.3/68157/1/07 dated 21.05.2008. For Appellants : Mr.R.Janakiramulu, Spl.Govt.Pleader. For Respondent : Mr.M.Ravi JUDGMENT [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR, J] This writ appeal is directed against the order made in W.P.(MD) No.9000/2008, dated 15.09.2009, wherein the learned Single Judge allowed the writ petition filed by the respondent on the ground that the order passed by the 3rd appellant is a non-speaking order and by following the judgment of the Supreme Court in Director (Mkt) I.O.C. Ltd., vs. Santosh Kumar - 2006(3) CTC 669 (SC) and the judgment of this Court in T.Bapuraj vs. Commissioner of Police, Chennai - 2008 (6) MLJ 882. While allowing the writ petition, the learned Single Judge also directed the 3rd respondent to consider the appeal afresh and pass orders on merits. The appellants 1 and 2 were also directed to consider the name of the respondent herein for promotion, by including his name in the promotion panel, as Assistant Conservator of Forests for the year 2008-2009. 2. Pursuant to the order of the learned Single Judge passed in the writ petition, the Principal Chief Conservator of Forests, the 2nd appellant herein, has passed an order afresh in the appeal preferred by the respondent herein in his proceedings Se.Mu.Aa.No.AA3/59635/08, dated 18.02.2010. The order of punishment imposed by the 4th respondent is set aside by the said order. 3. In view of the implementation of the order of the learned Single Judge partly and the punishment having been set aside by the 2nd appellant, there may not be any impediment for appellants 1 and 2 to pass orders, in carrying out the further direction to consider the claim of respondent for promotion. Hence this writ appeal is dismissed as having become infructuous. No costs. Connected M.P. (MD)No.1 of 2011 is also dismissed. Sd/- Deputy Registrar (LA) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The Secretary to Government, Departmental Promotion Committee for Empanelment and Promotion as Assistant Conservators for the year 2008-2009, Environment and Forests Department, Fort St.George, Chennai-600 009. 2.The Principal Chief Conservator of Forests, Panagal Buildings, Chennai-600 015. 3.The Additional Principal Chief Conservator of Forests, (Forest Administration), O/o.The Principal Chief Conservator of Forests, Chennai-600 015. 4.The Conservator of Forests, Virudhunagar Circle, Virudhunagar. JUDGMENT IN W.A.(MD)No.51/2011 and M.P(MD)No.1/2011 Dated:10.01.2011 gb NSV/22.1.11/3P/5C https://hcservices.ecourts.gov.in/hcservices/