Petitioner, a retired Defence personnel re-employed as Forest Guard, challenged orders imposing stoppage of increment for six months for not wearing uniform during inspection. The Court found the charge proved and explanation unconvincing, dismissing the writ petition.
Writ petition dismissed as devoid of merit; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date: 04.06.2018
CORAM
THE HONOURABLE THIRU JUSTICE V. PARTHIBAN
W.P.No.1708 of 2012
G.Murugesan .. Petitioner
versus
Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the entire records relating to the order passed by the second respondent in his proceedings in Se.Mu.Aanai.No.Aa.Aa.2/73553/2010 dated 13.05.2011 confirming the order in Se.Mu.Aa.No. 9486/2010/Po2 dated 28.10.2010 on the file of the third respondent confirming the order of punishment passed by the fourth respondent in his proceedings in Se.Mu.Aa.No. 7351/2009 Pa1 dated 20.06.2010 quash the same and consequently direct the respondents to consider the petitioner for promotion to the post of Forester for the year 2009 with all consequential service and monetary benefits.
For Petitioner : Mr.S.Mani For Respondents: Mr.M.Santharaman, Spl.G.P.
ORDER
The petitioner has approached this Court, seeking the following relief:
“To issue Writ of Certiorarified Mandamus, to call for the entire records relating to the order passed by the second respondent in his proceedings in Se.Mu.Aanai.No.Aa.Aa.2/73553/2010 dated 13.05.2011 confirming the order in Se.Mu.Aa.No. 9486/2010/Po2 dated 28.10.2010 on the file of the third respondent confirming the order of punishment passed by the fourth respondent in his proceedings in Se.Mu.Aa.No. 7351/2009 Pa1 dated 20.06.2010 quash the same and consequently direct the respondents to consider the petitioner for promotion to the post of Forester for the year 2009 with all consequential service and monetary benefits.
suk
To
rep. by its Secretary to Government, Forest Department, Fort St.George, Chennai-600 009.
2 issues framed by the court
Whether there was any legal infirmity in the disciplinary orders passed against the petitioner for not wearing his uniform at the time of inspection.
Whether the High Court was justified in refusing to interfere with the orders confirming the stoppage of increment for six months.
2 provisions across 2 enactments
G. Murugesan
State of Tamil Nadu
Tiru. Justice V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
