1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.13070 of 2011 and M.P.(MD) No.1 of 2011 B.Jebas, S/o.G.P.Baliah Samuel, Forester, Ambasamudram Range, Tiger Project, Tirunelveli. : Petitioner Vs. 1.The Principal Chief Conservator of Forests, Chennai - 600 015. 2.The Chief Conservator of Forests and Field Director, Kalakad Mundanthurai Tiger Reserve, Opposite to Annai Kalyana Mandapam, N.G.O. "A" Colony, Tirunelveli. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to include the name of the petitioner in the approved list of Forest Ranger in the panel for the year 2010-2011 and promote the petitioner as Forest Ranger in Tirunelveli District on par with his junior with all attendant and service benefits within a stipulated time may be fixed by this Hon'ble Court. For Petitioner : Mr.M.Saravanakumar for M/s.V.Rajasekaran For Respondents : Mr.T.R.Janarthanan, Additional Government Pleader ORDER The petitioner, B.Jebas, has filed the present writ petition seeking for the issuance of a Writ of Mandamus to direct the respondents to include the name of the petitioner in the approved list of Forest Ranger in the panel for the year 2010-2011 and promote the petitioner as Forest Ranger in Tirunelveli District on par with his junior with all attendant and service benefits within a stipulated time may be fixed by this Hon'ble Court. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3. The learned Counsel appearing for the petitioner would submit that the petitioner, who was appointed as Forester on 17.09.1999 at Social Forest Division, Tirunelveli, was transferred to Wildlife Division, Chennai, and subsequently transferred to District Forest Office, Tirunelveli Division and he had worked in the said place from 2003 to 2007. Later on, he was again transferred to the Forest Tiger Project, Ambasamudram. While he was working from the year 2007 in the said place, he was issued with a charge memo dated 13.02.2008 which finally culminated into one of the punishment with stoppage of increment for three months without cumulative effect by order dated 30.05.2008. Again, the petitioner suffered another disciplinary proceedings initiated under Rule 17(a) of the Tamil Nadu Civil Service (Disciplinary and Appeal) Rule, by the District Forest Officer, Tuticorin. The petitioner submitted his explanation therefor, denying the allegations made against him. After considering the explanation, the Disciplinary Authority rejected the same and imposed a punishment of warning and as against which, the petitioner has preferred an appeal on 04.10.2010 and the same was returned on the ground that the appeal was submitted belatedly. Further, the petitioner has pursued the matter by filing Review Petition before the first respondent. The Reviewing Authority finally set aside the order of punishment of censure vide order dated 14.09.2011. Therefore, it was contended that the petitioner having fully served only the minor punishment of stoppage of three months increment without cumulative effect, on 30.08.2008, he has become eligible to be included in the approved list of Forest Ranger in the panel for 2010-2011. 4. In support of his contention, the learned counsel appearing for the petitioner relied upon the judgment of the Full Bench of this Court in the case of The Deputy Inspector General of Police, Thanjavur Range, Thanjavur and another v. V.Rani, reported in 2011 (3) CTC 129, wherein it has been categorically held in paragraph 28 (5) that the embargo put on the right of Government servant for being considered for promotion for a further period, after the period of minor punishment is over, in the name of 'check period' viz., one year in the case of censure and five years for other minor punishments, is illegal and impermissible under the Statutory Rules. Therefore, in view of the above proposition of law and even the punishment of censure itself having been set aside by the order dated 14.09.2011, the name of the petitioner should have been taken up for inclusion in the approved list of Forest Ranger in the panel for the year 2010-2011 and promote the petitioner as Forest Ranger in Tirunelveli District on par with his junior with all attendant and service benefits, as there is no currency of punishment against the petitioner. 5. In reply, the learned Additional Government Pleader appearing for the respondents referring to two punishments imposed https://hcservices.ecourts.gov.in/hcservices/ 3 against the petitioner viz., order dated 30.05.2008 and another order of punishment of censure dated 22.06.2010 which was later on set aside by the order dated 14.09.2011, has submitted that if the petitioner is otherwise qualified and he is not facing any other departmental proceedings, the case of the petitioner will be properly considered. 6. As I mentioned earlier, the petitioner suffered a punishment of stoppage of increment for three months without cumulative effect by order dated 30.05.2008 and that punishment was admittedly served by the petitioner till 29.08.2008. Secondly, he suffered another punishment of censure by order dated 22.06.2010 but that punishment was set aside by another order dated 14.09.2011. Therefore, after 29.08.2008, there is no currency of punishment to postpone the inclusion of his name in the approved list of Forest Ranger in the panel for the year 2010-2011 so as to promote him as Forest Ranger. Hence, this Court directs the respondents to consider the case of the petitioner for his inclusion in the approved list of Forest Ranger in the panel for the year 2010-2011 and promote the petitioner as Forest Ranger in Tirunelveli District if there is no other punishment or currency of punishment pending against him. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1.The Principal Chief Conservator of Forests, Chennai - 600 015. 2.The Chief Conservator of Forests and Field Director, Kalakad Mundanthurai Tiger Reserve, Opposite to Annai Kalyana Mandapam, N.G.O. "A" Colony, Tirunelveli. +2 CCs to Mr.V.Rajasekaran, Advocate (SR.Nos.43162) +1 CC to Special Government Pleader (SR.No.43224) Order made in W.P.(MD).No.13070 of 2011 Dated:- 09.12.2011 srm NSV/12.12.11/3P/6C https://hcservices.ecourts.gov.in/hcservices/