A.Sheik Abdul Khader, v. The Government of Tamil Nadu
Case brief
What is this about?
Petitioner challenged Government Order remitting disciplinary proceedings to a forest officer affecting his pension after retirement. Court directed respondent to consider reply on merits and decide pension benefits within four weeks without adjudicating merits.
What did the court decide?
Direct respondents to consider petitioner's reply on merits and pass final orders regarding pension benefits within four weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH
Writ Petition No.21521 of 2014 and
M.P.No.1 of 2014
A.Sheik Abdul Khader ... Petitioner
vs.
1.The Government of Tamil Nadu
rep. by its Principal Secretary,
Environment and Forest Department,
Secretariat, Chennai-600 009.
2.The Principal Chief Conservator of Forests,
Head of Forest Force,
No.1 Geenis Road,
Saidapet, Chennai-15.
3.The Conservator of Forest,
Salem Region, Salem.
4.The District Forest Officer,
Harur Forest Division,
Harur, Dharmapuri District. ... Respondents
Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus, call for the records relating to the Government Order in G.O.(D) No.172, Environment and Forest (F1) Department, dated 30.05.2012 passed by the 1st respondent herein and quash the same in so far as it remitted the matter to 2nd respondent to pass final orders under the Tamil Nadu Pension Rules in respect of proceedings initiated against the petitioner based on the Charge Memo issued in letter No.16526/PA dated 24.11.1997 by the 3rd respondent herein under Rule 17(b) of Tamil Nadu Civil (Discipline and Appeal) Rules and consequently, set aside the show cause notice in Na.Ka.No.Aa.Aa.2/36723/2010 dated 23.1.2014 issued by the 2nd respondent herein as vaid and without jurisdiction and direct the respondents to grant all service benefits including arrears of increments etc. which was withheld on the account of the punishment issued against the petitioner by an order dated
Issues for consideration
2 issues framed by the court
Whether the Principial Chief Conservator of Forests has jurisdiction to impose punishment bars affecting pension benefits of a retired forestry employee?
Whether the show cause notice issued to the petitioner after his retirementRegarding the withheld increments bars valid and lawful?
Parties & counsel
- petitioner
A. Sheik Abdul Khader
- respondent
The Government of Tamil Nadu rep. by its Principal Secretary, Environment and Forest Department
- respondent
The Principal Chief Conservator of Forests
- respondent
The Conservator of Forest, Salem Region
- respondent
The District Forest Officer, Harur Forest Division
Case details
As recorded by the court registry
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