(1.) This Writ Petition has been filed, challenging the order passed by the first respondent, vide G.O.(1 -D) No.310, Environment and Forest Department, dated 16.10.2009, wherein the punishment inflicted on the petitioner has been confirmed, dismissing the revision petition filed against the order passed by the appellate authority, dated 20.08.2008.
(2.) The brief facts that are necessary for the disposal of this Writ Petition follows as under:
(3.) The learned counsel for the petitioner raised three major grounds. Since the charge memo was issued on 05.10.2007, nearly after a period of ten years from the date of occurrence, according to the petitioner, the inordinate delay which was unexplained, has caused serious prejudice to the petitioner. Secondly, the petitioner continued in the same range only for a period of 6+ months. Though the petitioner gave details and progress of the investigation, till he was transferred from the station, to his successor one Mr.Sheik Umar, who continued in the same range for a period of two years, the said Sheik Umar was allowed to scot -free and no charge memo was issued or disciplinary proceedings taken against the said Sheik Umar. Hence, there is a discrimination and the order of the first respondent confirming the punishment against the petitioner is, therefore, liable to be quashed. Thirdly, the first respondent and the second respondent failed to give any reason in their respective orders, despite the fact that the petitioner has raised various grounds attacking the order of punishment with reference to admitted facts. The petitioner also challenges the order of the third respondent, as one without jurisdiction and hence, pleaded for quashing of the impugned order.