M JANAKARAJAN Vs. DISTRICT FOREST OFFICER, TRICHY DIVISION

JUDGEMENT

(1.) The charge memo dated 16.12.2008 is under challenge in this writ petition.

(2.) The learned counsel appearing for the petitioner states that the writ petitioner has joined in the Forest Department as Forest Guard on 04.03.1992 and thereafter promoted to the post of Forester in April 1998. In respect of the allegations regarding the demand and acceptance of bribe by the writ petitioner, a criminal case was registered against him in Crime No.7 of 2005 for the offences under Section 7 and 13(2) r/w. Section 13(1)(1)(B) of the Prevention of Corruption Act, 1988. Simultaneously, the Department has initiated disciplinary proceedings under Rule 17(b) of the Tamil Nadu Government Servants (Discipline and Appeal Rules) in proceedings dated 16.12008. The charges against the writ petitioner are as extracted hereunder:

(3.) On a perusal of the charge memo, this Court is of the opinion that the Annexure I to the impugned charge memo enumerates the charges, Annexure 2 provides statement of imputations in support of the charges, Annexure 3 provides list of documents and Annexure 4 denotes the list of witnesses in support of the charges framed against the writ petitioner. Challenging the charge memo, the writ petitioner has moved this Court under Article 226 of the Constitution of India on the ground that the simultaneous proceedings are impermissible, in view of the fact that already a criminal case was registered against the writ petitioner. The sole ground raised in this writ petition is that the Department cannot be allowed to continue with the disciplinary proceedings during the pendency of the criminal case. At the outset, the petitioner is of the view that he will be deprived of submitting his evidences in the departmental proceedings, if the same has been concluded before the criminal trial.