IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 33313 of 2009(H) -------------------------- PETITIONER(S): --------------- K.MUKUNDAN, 343, CHANDRA NAGAR HOUSING COLONY, PALAKKAD. BY ADV. SRI.N.NAGARESH SRI.ROJO J.THURUTHIPARA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION), FOREST HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE CHIEF CONSERVATOR OF FOREST(SF&P), FOREST HEAD QUARTERS, THIRUVANANTHAPURAM. MRS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.33313 of 2009 (H) -------------------------- Dated, this the 11th day of December, 2009 J U D G M E N T The petitioner entered Government service on 03/11/1980 as a Forest Range Officer. During 1985, disciplinary proceedings were initiated against him resulting in Ext.P1 order of punishment. He filed Ext.P2 appeal, which was ordered to be disposed of by Ext.P3 judgment of this Court in O.P.No.7843/1991 dated 09/09/1991. It is stated that in connection with the same incident, there was a Vigilance case against the petitioner and six others. By Ext.P4 judgment in CC No.5/99 rendered by the Court of Enquiry Commissioner and Special Judge, Kozhikkode, the petitioner was acquitted. 2. Subsequently, by Ext.P7, the Chief Conservator of Forests (Administration) addressed the Principal Secretary to Government that the judgment of the Vigilance Court referred to above, may be taken into account while disposing of the appeal filed by the petitioner against Ext.P1 order of punishment. The learned WP(C) No.33313/2009 -2- counsel complaints that even as of now, Ext.P2 appeal remains pending and therefore, prays for an order for the consideration of Ext.P2 appeal in the light of Exts.P4 and P7. 3. Ext. P2 appeal was filed by the petitioner as early as on 17/06/1991. The fact that the petitioner has filed the appeal is confirmed in Ext.P7 letter of the Chief Conservator of Forest also. Having regard to the developments subsequent to the filing of the appeal, particularly the one resulting in the exoneration of the petitioner by the Vigilance Court, it is necessary that the 1st respondent should pass orders in this matter. Accordingly, I direct the 1st respondent to consider Ext.P2 appeal in the light of Exts.P4 & P7. This shall be done as expeditiously as possible, at any rate, within two months of production of a copy of this judgment, along with a copy of this writ petition. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg