Madras High Court
Kalaivanan vs The Principal Chief Conservator on 8 April, 2010
Author: P.Jyothimani
Bench: P.Jyothimani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08/04/2010
CORAM
THE HONOURABLE MR.JUSTICE P.JYOTHIMANI
W.P.(MD).No.4736 of 2010
and
M.P.(MD) No.1 of 2010
Kalaivanan ... Petitioner
Vs
1.The Principal Chief Conservator
of Forests & Head of Force-I,
'Panagal Buildings',
1, Zenith Road,
Saidapet, Chennai 15.
2.The District Forest Officer,
Madurai Division,
Madurai. ... Respondents
PRAYER
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, praying to direct the respondents to
consider the claim of the petitioner for promotion as Forest Ranger for the
panel year 2009-10, in pursuance of altering of the disciplinary proceedings
initiated u/r 17(b) into 17(a) of the TNCS (D&A) Rules and promote him as a
Forest Ranger with all consequential service and monetary benefits.
!For Petitioner ... Mr.Venkatramani
Senior Counsel for
Mr.T.Ayngara Prabhu
^For Respondents ... Mr.V.Rajasekaran
Special Government Pleader
*******
:ORDER
Mr.V.Rajasekaran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.
2. The writ petitioner is working as a Forester under the second respondent. Originally charges against him were framed under Section 17(b) of TNCS (D&A) Rules on 28.04.2003. The petitioner has submitted his explanation, thereafter, the District Forest Officer viz., the second respondent has dropped further action as per order dated 30.03.2007. It is seen that thereafter, a fresh charge was framed under rule 17(a) of TNCS (D&A) Rules on 10.04.2007. On enquiry, the Conservator of Forests, Madurai Division has passed an order on 01.06.2007 and imposed a punishment of stoppage of increment for 3 years with cumulative effect. Against that order, the petitioner filed appeal before the Principal Chief Conservator of Forests, Chennai, the first respondent herein, which was confirmed on 05.05.2008. Against that, the petitioner filed W.P.(MD) No.15140 of 2009 before this Court and this Court by order dated 03.08.2009, while allowing the writ petition set aside the punishment and remitted the matter to the second respondent for fresh consideration. Thereafter, on 09.09.2009, a charge memo under Rule 17(b) of TNCS (D&A) Rules came to be issued. The petitioner challenged the said charge memo before this Court in W.P.(MD) No.12067 of 2009 and obtained an order of stay. On 30.03.2010, the second respondent has cancelled the earlier charge memo framed under Rule 17(b) of TNCS (D&A) Rules, which is the subject matter of challenge in W.P.(MD) No.12067 of 2009. By virtue of order dated 08.04.2010, the said writ petition was closed as infructous as no further order is required. By another order dated 30.03.2010, the second respondent framed the same charges under Rule 17(a) of TNCS (D&A) Rules. The petitioner is holding the post of Forester is eligible for the post of Forest Ranger for the panel year 2009-10. The promotion of the petitioner was barred for the reason that pendency of the above said charges under Rule 17(b) of TNCS (D&A) Rules. Now the charge under Rule 17(b) of TNCS (D&A) Rules has been cancelled and the said charge has been altered to one under Rule 17(a) of TNCS (D&A) Rules. The present writ petition is for a direction against the respondent to consider the claim of the petitioner for promotion as Forest Ranger for the panel year 2009-10.
3. Mr.Venkatramani, learned Senior counsel appearing for the petitioner would submit that as per the consolidated instruction issued by the Government for the preparation of panel for promotion, the pendency of charge under Rule 17(a) of TNCS (D&A) Rules need not be treated to be held against the officer, irrespective of the seriousness of the delinquencies.
4. In similar circumstances, this Court in A.Karunanidhi v. The Government of Tamil Nadu, rep. by its Secretary, Public Works Department, Fort St. George, Chennai - 600 009 reported in 2006 Writ L.R. 346, by relying upon the said instructions has stated that pendency of charge under Rule 17(a) is not a bar for the purpose of consideration and inclusion of such person to the next promotion post. In the said decision, Honourable Mr. Justice N.Paul Vasanthakumar by referring various judgments of the Hon'ble Supreme Court including that of Delhi Jal Board v. Mahinder Singh reported in (2000) 7 SCC 210 and C.O. Arumugam and others v. the State of Tamil Nadu and others reported in 1990(1) SLJ 185, allowed the writ petition directing that the petitioner therein shall be included in the panel for the year 1997-1998.
5.In C.O. Arumugam and others v. the State of Tamil Nadu and others reported in 1990(1) SLJ 185, the Hon'ble Supreme Court has held as follows:
"As to the merits of the matter, it is necessary to state that every civil servant has a right to have his case considered for promotion according to his turn it is a guarantee flowing from Article 14 and 16(1) of the Constitution. The consideration of promotion could be postponed only on reasonable grounds. To avoid arbitrariness, it would be better to follow certain uniform principle. The promotion of persons against whom charge has been framed in the disciplinary proceedings or charge-sheet has been filed in criminal case may be deferred till the proceedings are concluded. They must, however, be considered for promotion if they are exonerated or acquitted from the charges. If found suitable, they shall then be given the promotion with retrospective effect from the date on which their juniors were promoted.
6. Applying the dictum laid down by the Hon'ble Supreme Court and the decision of this Court, the writ petition stands allowed with a direction to the respondents to consider the claim of the petitioner for promotion to the post of Forest Ranger for the panel of the year 2009-2010 irrespective of the pendency of the charge under Rule 17(a) of TNCS (D&A) Rules, if there are no legal impediments. Such order shall be passed by the respondents, as expeditiously as possible and in any event, within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected M.P.(MD) No.1 of 2010 is closed.
sj To
1.The Principal Chief Conservator of Forests & Head of Force-I, 'Panagal Buildings', 1, Zenith Road, Saidapet, Chennai 15.
2.The District Forest Officer, Madurai Division, Madurai.