IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WA.No. 2223 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.25221/2009 Dated 07/09/2009 .................... APPELLANT(S): PETITIONER ------------------------ B.SHYAM, DEPUTY CONSERVATOR OF FOREST (NON CADRE), ACM UNIT, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM, RESIDING AT MANIMANGALAM, MAHADEVICADU P.O., KARTHIKAPPALLY, ALAPUZHA-690 555. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI SRI.SEBIN THOMAS SMT.P.V.SHEETHAL SRI.JITHIN PAUL VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. 3. THE CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION), THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.N.RAVINDRAN, JJ. ---------------------------------------- W.A.No.2223 of 2009 ---------------------------------------- Dated 29th March, 2010 JUDGMENT Ravindran, J. The appellant is the petitioner in W.P.(C)No.25221 of 2009. The writ petition was filed seeking the following reliefs: “(i) Issue a Writ order or direction in the nature of writ of certiorari calling for records leading to Exhibit P8 and to quash Exhibit P2, P4 and P4(a) proceedings. (ii) Issue a writ order or direction in the nature of writ of mandamus directing the respondent No.1 to make unconditional recommendation of the name of the petitioner in the list of eligible candidates to be forwarded to UPSC selection committee for selection to IFS cadre fir the vacancies for the year 2008 ignoring Exhibit P2 and P4 proceedings. (iii) Issue a writ order or direction in the nature of writ of mandamus directing the respondent to finalize the proceedings if any against the petitioner before the list of eligible candidates is forwarded to UPSC selection committee for selection to IFS cadre for the vacancies available as on 1.1.2008. (iv) Issue a writ order or direction declaring that all proceedings initiated after 1.1.2008 is to be ignored while preparing the list of eligible candidates to be forwarded to UPSC selection committee for selection to IFS cadre for the vacancies in the year 2008. (v) Issue such other writ order or direction as are just and necessary in the facts and circumstances of the case.” W.A.No.2223/2009 2 The petitioner contended that Ext.P2 show cause notice was issued in relation to an alleged act of misconduct committed more than nine years back and that the delay in initiating proceedings vitiates the same. It is also contended that Ext.P2 cannot therefore be relied on to deny an Integrity Certificate. As regards Exts.P4 and P4(a), the contention is that the petitioner is not guilty of any culpable act warranting initiation of disciplinary action. By judgment delivered on 7.9.2009, the learned single Judge dismissed the writ petition on the short ground that as the claim made by the petitioner relates to appointment by promotion to the Indian Forest Service, he has to move the Central Administrative Tribunal constituted under the Administrative Tribunals At, 1985. Aggrieved thereby, the petitioner has preferred this appeal. 2. When the writ appeal came up for hearing today, Smt.Sumathi Dandapani, the learned Senior Counsel appearing for the appellant/petitioner submitted that the appellant is confining the reliefs prayed for in the writ petition to prayer No.(i) and that depending on the outcome of writ petition, liberty may be reserved with him to seek the other reliefs before the appropriate forum. 3. We notice that this Court has passed an interim order on 21.12.2009 directing that in case the Integrity Certificate was refused W.A.No.2223/2009 3 solely on account of an incident of the year 1992 pursuant to which disciplinary proceedings were initiated against the appellant, the same shall be ignored and the Integrity Certificate issued. It is now conceded at the Bar that pursuant to the said direction, the Integrity Certificate was issued to the appellant for the selection year 2008. The learned Senior Counsel for the appellant submitted that in that view of the matter, the appellant is not pursuing the challenge to Ext.P2. She also submitted that as the disciplinary action initiated by the Government by issuing Ext.P4 memo of charges can be finalised and the proceedings concluded expeditiously, the appellant will be satisfied if the Government are directed to pass final orders in the matter so that the appellant's claim for appointment by promotion to the Indian Forest Service in the succeeding year (2009) can be considered before he retires from service on 31.3.2011. The learned Government Pleader did not seriously oppose the said request. Having regard to the fact that Ext.P4 memo of charges was issued in April, 2008 and the admitted fact that the appellant has already submitted his written statement of defence, we are of the opinion that the Government should take steps to pass expeditious orders in the matter. W.A.No.2223/2009 4 We accordingly allow the writ appeal, reverse the judgment of the learned single Judge and dispose of the writ petition with a direction to the first respondent to pass final orders in the disciplinary proceedings initiated against the appellant expeditiously and in any event within six weeks from the date on which the appellant produces a certified copy of this judgment before the Secretary to Government, Forest and Wild Life Department, after affording him a reasonable opportunity of being heard. The appellant's contentions regarding prayers (ii),(iii) and (iv) are kept open. Sd/- P.R.RAMAN Judge Sd/- P.N.RAVINDRAN Judge TKS