G. SIVAMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Writ Petition has been filed to quash the impugned order of punishment of censure passed by the second respondent in G.O.(3D) No.87, Agriculture Department, dated 19.06.2009 against the petitioner, and for a direction to the first respondent to include the name of the petitioner in the appropriate place in the panel for promotion as Assistant Conservator of Forests, for the year 2008 -2009 with retrospective effect on par with his immediate junior with all consequential benefits.

(2.) THE case of the petitioner as given in the affidavit filed in support of this writ petition is that the petitioner joined the Respondent Department as Forest Ranger during the year 1984. Though he was eligible to be promoted as Assistant Conservator of Forest in the year 2008 -2009, because of the punishment of Censure imposed on him by the second Respondent, his name was not included in the panel for promotion as Assistant Conservator of Forests, for the year 2008 -2009. In fact, out of 6 charges levelled against him, the enquiry officer had held that only one charge namely Charge No.1 was proved. The charge No.I, which was held proved is extracted below:

(3.) THE learned counsel appearing for the petitioner at the out set, would submit that out of six charges levelled against the petitioner, only one charge, as referred above, has been held to be proved by the enquiry officer. With respect of that, he would submit that an another Forest Ranger by name Mr. C. Rajendran. who was also similarly placed as that of the petitioner herein, and served with an order of punishment of censure, came before this Court by filing a writ petition in W.P.No.19668 of 2009, which was disposed of finally on 07.07.2011. The learned Judge, after duly following the Judgment of the Hon'ble Supreme Court, in Man Singh v. State of Haryana, reported in : (2008) 12 SCC 331, and in due consideration of the facts, set aside the impugned order and allowed the said writ petition. Further, the order in W.P.No.19668 of 2009 dated 07.07.2011 passed by the learned single Judge of this Court, was considered by the respondent department and the punishment of censure imposed against the said Mr. C. Rajendran was duly cancelled by the respondent department vide G.O (D) No.37 Agriculture (AA6) Department, dated 29.02.2012. According to him, as the Forest Ranger, similarly placed as that of the petitioner has been given the benefit of cancelling the order of punishment of censure pursuant to the order passed by this Court in W.P.No.19668 of 2009 dated 07.07.2011, which has become final, there is no justification on the part of the respondent in denying the same benefit to the petitioner. According to him, the decision rendered by this Court in W.P.No.19668 of 2009 dated 07.07.2011 is squarely applicable to the case of the petitioner. Therefore, this writ petition has to be allowed.