IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 9079 of 2009(D) ------------------------------------ PETITIONER(S): ---------------------- N. SHAMSUL HUDA, RETIRED DEPUTY CONSERVATOR OF FORESTS (NON CADRE), 22/382-B, BYE-PASS JUNCTION, THIRUVANNUR P.O., CALICUT-29. BY ADV. MR.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REP.BY ITS SECRETARY, MINISTRY OF ENVIORNMENT AND FOREST, PARIYAVARAN BHAVAN, CGO COMPLEX, LODI ROAD, NEW DELHI-110 003. 2. UNION PUBLIC SERVICE COMMISSION, SHAJAHAN ROAD, DHOLPUR HOUSE, NEW DELHI-110 069, REP.BY ITS SECRETARY. 3. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, DEPT.OF FOREST AND WILD LIFE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 4. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAURAM-14. 5. THE CHIEF CONSERVATOR OF FORESTS (ADMN.), FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-14. 6. J.K.TEWARI, REGIONAL CHIEF CONSERVATOR OF FORESTS, EASTERN REGIONAL OFFICE, A3-CHANDRASEKHARAPUR, BHUVANESWAR, ORISSA, PIN-751 023. WP(C) NO. 9079/2009-D 7. L.KRISHNA PRASAD, DIVISIONAL FOREST OFFICER, RANNI, RANNI P.O., PATHANAMTHITTA DISTRICT, PIN-689 672. 8. N.SETHUKUMAR, DEPUTY CONSERVATOR OF FORESTS, RESEARCH NORTH, PALACE ROAD, CHEMBUKAVU, THRISSUR, PIN-680 020. 9. THE SELECTION COMMITTEE CONSTITUTED UNDER REGULATION 3 OF THE INDIAN FOREST SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1966, TO CHOOSE THE CANDIDATES FOR IFS FROM THE STATE OF KERALA, OFFICE OF THE UNION PUBLIC SERVICE COMMISSION, NEW DELHI, REP.BY ITS PRESIDENT. [MEMBER, UNION PUBLIC SERVICE COMMISSION], OFFIC OF THE UNION PUBLIC SERVICE COMMISSION, SHAJAHAN ROAD, DHOLPUR HOUSE, NEW DELHI-110 069. R3 TO R5 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH. R1 BY ADV. P.PARAMESWARAN NAIR, ASST. SG. R2 & R9 BY ADV. MR.THOMAS MATHEW NELLIMOOTTIL,SC UPSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9079/2009-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BRIEF STATEMENT PERTAINING TO SOME OF THE INVESTIGATIONS CONDUCTED BY THE PETITIONER AND FEW OF HIS ACHIEVEMENTS AS A FOREST OFFICER. EXT.P2: COPY OF THE PRELIMINARY INVESTIGATION REPORT NO.P.441/02 DATED 10/06/2002 SUBMITTED BY THE PETITIONER. EXT.P3: COPY OF THE INTERIM ORDER DATED 24/06/2002 IN C.M.P. NO.28894/2002 IN O.P. NO. 16869/2002 OF THIS HONOURABLE COURT. EXT.P4: COPY OF THE JUDGMENT DATED 13/08/2002 IN O.P. NO. 16869/2002 OF THIS HONOURABLE COURT. EXT.P4(a): COPY OF THE PROCEEDING BEARING NO.VE.4.4602/02 DATED NIL OF THE 5TH RESPONDENT. EXT.P5: COPY OF THE NOTE FILE NO.11862/A1/02/FWLD OF THE 3RD RESPONDENT. EXT.P5(a): COPY OF THE INWARD REGISTER OF THE GOVT. SECRETARIAT, THIRUVANANTHAPURAM, MAINTAINED BY THE FOREST & WILD LIFE DEPARTMENT PERTAINING TO THE DOCUMENTS RECEIVED ON 19/09/2008. EXT.P6: COPY OF THE G.O.(R)NO.306/2002/F&WLD, TVM DATED 19/09/2002 ISSUED BY THE 3RD RESPONDENT. EXT.P6(a): COPY OF THE NEWS ITEM PUBLISHED IN THE HINDU DAILY DATED 25/12/2003. EXT.P7: COPY OF THE PROCEEDING NO.RC-16/S/2004/CBI/KER/3396 DATED 08/05/2007 OF THE CBI. EXT.P7(a): COPY OF THE JUDGMENT DATED 30/10/2008 IN WP(C) NO. 26513/2008 OF THIS HONOURABLE COURT. EXT.P7(b): COPY OF THE RELEVANT PORTION OF THE SENIORITY LIST OF FOREST OFFICERS (ASSISTANT CONSERVATORS OF FORESTS) AS ON 01/05/2005 PUBLISHED BY THE 5TH RESPONDENT. EXT.P8: COPY OF THE LIST OF CANDIDATES SUBMITTED BY THE STATE GOVERNMENT FOR THE CONSIDERATION OF THE SELECTION COMMITTEE FOR IFS. EXT.P8(a): COPY OF THE DETAILS OF DISCIPLINARY PROCEEDINGS PENDING AGAINST THE PERSONS INCLUDED IN EXT.P8. EXT.P8(b): COPY OF THE DETAILS OF CRIMINAL PROCEEDINGS PENDING AGAINST THE OFFICERS OF EXT.P8, SUBMITTED BY THE 3RD RESPONDENT TO THE CONSIDERATION OF THE 9TH RESPONDENT ALONG WITH EXT.P8. WP(C) NO. 9079/2009-D EXT.P8(c): COPY OF THE DETAILS OF CERTIFICATES REGARDING COMMUNICATION OF ADVERSE REMARKS PERTAINING TO THE OFFICERS INCLUDED IN EXT.P8, SUBMITTED BY THE 3RD RESPONDENT TO THE 9TH RESPONDENT ALONG WITH EXT.P8. EXT.P8(d): COPY OF THE DETAILS OF PENALTIES IMPOSED ON THE OFFICERS INCLUDED IN EXT.P8 SUBMITTED BY THE 3RD RESPONDENT TO THE 9TH RESPONDENT ALONG WITH EXT.P8. EXT.P8(e): COPY OF THE STATEMENT REGARDING THE AVAILABILITY OF ANNUAL CONFIDENTAIL REPORT OF THE OFFICERS OF EXT.P8 SUBMITTED BY THE 3RD RESPONDENT TO THE 9TH RESPONDENT. EXT.P8(f): COPY OF THE STATEMENT SHOWING COURT CASES AND COURT ORDERS, HAVING BEARING ON EXT.P8, SUBMITTED BY THE 3RD RESPONDENT TO THE 9TH RESPONDENT ALONG WITH EXT.P8. EXT.P9: COPY OF THE INFORMATION SOUGHT BY THE PETITIONER DATED 25/10/2008 FROM THE CENTRAL PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT. EXT.P10: COPY OF THE REPLY DATED 18/11/2008 ISSUED BY THE INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT. EXT.P11: COPY OF THE MINUTES OF THE PROCEEDINGS OF THE SELECTION COMMITTEE CONSTITUTED UNDER SECTION 5(1) OF THE REGULATIONS, HELD ON 09/07/2008, AT NEW DELHI. EXT.P12: COPY OF THE MINUTES OF THE PROCEEDINGS OF THE SELECTION COMMITTEE CONSTITUTED UNDER SECTION 5(1) OF THE REGULATIONS HELD ON 08/08/2008 AT THIRUVANANTHAPURAM. EXT.P13: COPY OF THE JUDGMENT DATED 12/10/2001 IN O.P. NO. 17505/1994 OF THIS HONOURABLE COURT. EXT.P14: COPY OF THE OFFICE MEMORANDUM NO.350347/97-ESTT. (D) DATED 08/02/2002 ISSUED BY THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS OF THE 1ST RESPONDENT UNION OF INDIA. EXT.P15: COPY OF THE OFFICE MEMORANDUM BEARING NO.35035/7/97-ESTT/(D) DATED 16/02/2005 ISSUED BY THE GOVERNMENT OF INDIA. EXT.P16: COPY OF THE PROCEEDING BEARING NO.D3-776/07 DATED 29/09/2007 ISSUED BY THE 5TH RESPONDENT. EXT.P17: COPY OF THE EXPLANATION DATED 04/10/2007 OFFERED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXT.P18: COPY OF THE REPRESENTATION DATED 23/10/2007 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXT.P19: COPY OF THE PROCEEDING NO.D3.776/2007 DATED 11/2007 OF THE 5TH RESPONDENT. WP(C) NO. 9079/2009-D EXT.P20: COPY OF THE ANNUAL CONFIDENTIAL REPORT FOR THE PERIOD 01/01/2002 TO 18/09/2002. EXT.P21: COPY OF THE SEPARATE SHEETS ATTACHED TO EXT.P20 BY THE 6TH RESPONDENT. EXT.P22: COPY OF THE OBJECTION DATED 20/11/2007 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P23: COPY OF THE REPRESENTATION DATED 23/11/2007 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P24: COPY OF THE REPRESENTATION DATED 17/09/2008 SUBMITTED BY THE PETITIONER BEFORE TH RESPONDENTS 3, 4 AND 5. EXT.P25: COPY OF THE REPRESENTATION DATED 26/09/2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND AND 1ST RESPONDENTS. EXT.P26: COPY OF THE INFORMATION SOUGHT BY THE PETITIONER DATED 24/09/2008 BEFORE THE 3RD RESPONDENT. EXT.P27: COPY OF THE PROCEEDING NO.14951/F1/2008/F&WLD DATED 10/10/2008 OF THE 3RD RESPONDENT. EXT.P27(a): COPY OF THE PROCEEDING BEARING NO.R1-27986/2008 DATED 25/10/2008 ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT. EXT.P28: COPY OF THE NOTIFICATION DATED 17/11/2008 PUBLISHED BY THE 1ST RESPONDENT. EXT.P29: COPY OF THE NOTIFICATION DATED 06/01/2009 PUBLISHED BY THE 1ST IN THE GAZETTE OF INDIA. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.9079 of 2009 -------------------------------------- Dated 9th June, 2009 JUDGMENT Exhibits P28 and P29 orders appointing respondents 7 and 8 by promotion to the Indian Forest Service are under challenge in this writ petition. In my opinion, if the petitioner is aggrieved by Exts.P28 and P29 orders, his remedy lies in moving the Central Administrative Tribunal constituted under the Administrative Tribunals Act, 1985. The writ petition is accordingly dismissed without prejudice to the right of the petitioner to move the Central Administrative Tribunal, Ernakulam Bench constituted under the Administrative Tribunals Act, 1985 seeking redressal of his grievances. P.N.RAVINDRAN Judge TKS