M.P. ILANGO Vs. CONSERVATOR OF FORESTS

JUDGEMENT

(1.) BY consent, the writ petition itself is disposed of.

(2.) THE petitioner is presently working as a Physical Education Teacher at Government Boys Higher Secondary School at Andipatti. Previously, he was working as a Forest Guard at Koodaloor Forest Range, Theni Forest Division under the Forest Department. While he was so employed, a case in Crime No.9 of 2002 under Sections 7, 13(1)(a) and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 came to be registered against him by the Vigilance and Anti -Corruption Police, Madurai. It appears that on completing the investigation, finally a report was submitted to the Government by the Vigilance Police. Based on the same, the Government has issued G.O.(D) No.185 (FR -IX B), Environment and Forest Department, dated 20.7.2007 directing initiation of disciplinary action against the petitioner. Consequent to the said Government Order, the respondent, by his proceedings in Ref.No.B2/10900/07(3), dated 28.3.2008, has initiated disciplinary proceedings and has issued a charge memorandum under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The said charge memorandum is under challenge in the present writ petition.

(3.) ADMITTEDLY , when the investigation in Crime No.9 of 2002 was in progress, the petitioner has submitted a letter of resignation on 21.2.2005. But, no order whatsoever was passed on the same. It appears that the petitioner has subsequently joined service as Physical Education Teacher in the Education Department.