Madras High Court
S. Narayanan vs The Principal Chief Conservator ... on 2 December, 2022
W.P. No.32305 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.12.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P. No.32305 of 2022
S. Narayanan ... Petitioner
Vs.
1. The Principal Chief Conservator of Forest,
Panagal Building,
Saidapet,
Chennai – 15.
2. The Wildlife Warden,
Wildlife Warden Office,
Teynampet,
Chennai – 600 006.
3. The Superintendent (Forest Ranger),
Guindy National Park,
Rajbavan,
Chennai – 600 022. ... Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus directing the respondents to pass order on
the petitioners representation dated 14.3.2016 and 21.9.2021
For petitioner : Mr.T. Dharani
For respondents : Dr.T. Seenivasan,
Special Government Pleader
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W.P. No.32305 of 2022
ORDER
By consent of both the parties, this writ petition has been taken up
for final disposal at the admission stage itself.
2. Dr.T. Seenivasan, learned Special Government Pleader accepts
notice for the respondents.
3. The grievance of the petitioner is that despite having been
acquitted on 24.11.2014 by the judgment of the IX Judicial Magistrate
Court, Saidapet in C.C. No.7427 of 2004, he has not been reinstated into
service.
4. Earlier the petitioner's service as a Mazdoor was terminated and
he had challenged the said termination before this Court in W.P. No.24748
of 2004. By order dated 23.09.2008, this Court in the said writ petition
after holding that the termination order is not in accordance with law
quashed the same and granted liberty to the respondents to initiate
appropriate disciplinary proceedings against the petitioner. According to
the petitioner, till date, no disciplinary proceedings were initiated by the
respondents against him. The criminal case which was earlier pending
against him has also ended in acquittal on 24.11.2014. In such
circumstances, he claims that he has to be reinstated into service. The
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W.P. No.32305 of 2022
petitioner has given representations to the respondents requesting them to
reinstate him into service. Since the representations have not been
considered till date, this writ petition has been filed.
5. Heard Ms.T. Dharani, learned counsel for the petitioner and
Dr.T.Seenivasan, learned Special Government Pleader for the
respondents.
6. At the outset, the learned Special Government Pleader appearing
for the respondents would submit that the petitioner will have to give a
fresh representation.
7. No prejudice would be caused to the respondents, if the petitioner
is allowed to give a fresh representation seeking for reinstatement and a
direction is issued to the respondents to consider the same on merits and in
accordance with law, within a time frame to be fixed by this Court.
8. For the foregoing reasons, this Court directs the petitioner to
submit a fresh representation to the 1st respondent seeking for
reinstatement into service as Mazdoor, within a period of one week from
the date of receipt of a copy of this order. On receipt of the said
representation, the 1st respondent shall pass final orders on merits and in
accordance with law on the petitioner's representation, within a period of
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W.P. No.32305 of 2022
twelve weeks thereafter.
9. With the aforesaid direction, this writ petition is disposed of. No
costs.
02.12.2022
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
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To :
1. The Principal Chief Conservator of Forest,
Panagal Building,
Saidapet,
Chennai – 15.
2. The Wildlife Warden,
Wildlife Warden Office,
Teynampet,
Chennai – 600 006.
3. The Superintendent (Forest Ranger),
Guindy National Park,
Rajbavan,
Chennai – 600 022.
https://www.mhc.tn.gov.in/judis
W.P. No.32305 of 2022
ABDUL QUDDHOSE, J.
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W.P. No.32305 of 2022
02.12.2022
https://www.mhc.tn.gov.in/judis
