K.DURAISAMY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner was appointed as plot watcher in the Department of Forest and Environment, Government of Tamil Nadu. He was appointed in 1979 in Ammidhi Zoo Incharge Post and he was posted to various places in Vellore Division. After 15 years of service as Plot Watcher/Zoo Watcher, the petitioner was appointed as Forest Watcher on 27.02.2003 in the regular post with the time scale of pay based on the State wise seniority list of Watcher/Social Forestry work. Thereafter, he was promoted as Forest Guard on 24.09.2010 in the fourth respondent/Division.

(2.) The qualification prescribed for appointment as Zoo Watcher was a person must know "Read and Write" and no particular education qualification prescribed. The petitioner therefore was regularized in the regular time scale of pay on 27.02.2003 and he has totally put in 37 years of service.

(3.) While so, the petitioner was placed under suspension by the fourth respondent on 28.04.2017 for producing bogus school certificate. The suspension order was issued on the eve of his retirement on 30.04.2017. The petitioner has approached this Court challenging the suspension order in W.P.No.12998 of 2017 and the said writ petition was pending. Simultaneously, a charge memo was issued on 12.05.2017 under Rule 17(b) of Tamil Nadu Civil Services (Disciplinary and Appeal Rules), 1955, after the superannuation date. The said charge memo dated 12.05.2017 was also put to challenge by the petitioner in W.P.No.16598 of 2017. However, this Court by common order dated 04.07.2017 directed the petitioner to subject himself to Departmental Enquiry by submitting his explanation.