M NATARAJAN Vs. PRINCIPAL CHIEF CONSERVATOR OF FOREST

JUDGEMENT

(1.) The petitioner seeks for issuance of a writ of certiorarified mandamus to quash the order passed by the respondent in proceeding No. AB1/61200/2004, dated 09.05.2005, and also consequential order in Ref. No. AB1/44512/2005, dated 30.08.2005, by calling for the records connected thereto and consequently to direct the respondent to promote the petitioner as Forester from the date of his immediate junior (Mr. J. Subramaniam) was promoted and confer all consequential benefits.

(2.) Heard both sides.

(3.) The only grievance of the petitioner is that he was not selected and included in the panel of Forest Guards fit for promotion to the post of Forester for the year 2004-2005 on the ground that he was imposed with a punishment of postponement of increment for a period of three months without cumulative effect, vide order dated 25.03.1999, for the incident took place in the year 1998. The crucial date for preparing the panel was on 15.08.2004, and that the punishment imposed was within five years of check period, the petitioner's name was not included in the panel for promotion to the post of Forester. In this context, it is pertinent to refer to a Government Letter No. 248, Personnel & Administrative Reforms (S) Department, dated 20.10.1997, whereby the Government framed certain guidelines with regard to effect of punishments on inclusion in the panel. The relevant portion of the said letter is extracted hereunder:--