ORDER

These Writ Petitions have been filed challenging the show cause notice issued by the second respondent, thereby given an opportunity of making representation on the penalty as proposed above under Rule 17(c)(i)(1) of the Tamil Nadu Civil Services (Discipline and Appeal) rules.

2. All the petitioners had entered into service as Forester and Forest Guard. When they were in service, they were involved in a criminal case registered in Crime No.RC.3/(S)/95 on the file of the CBI/SEP, Madras. After filing a final report, the same has been taken cognizance in S.C.No.117 of 1996 on the file of the District Sessions Court, Dharmapuri. There were 236 accused including the petitioners. The petitioners were arrayed as accused. They were charge sheeted for various offences including the offence under SC/ST Act. As far as the petitioner in W.P.No.1809 of 2024 is concerned, he was convicted with the following punishments :

(1) 147 IPC ? 2 years RI (2) 342 r/w 149 IPC ? 1 year RI with fine Rs.1,000, in default 3 months SI (3) RI for 1 year with fine Rs.1000, in default 3 months SI (4) RI for 1 year with fine Rs.1000, in default SI for 3 months (5) RI for 1 year (6) 3 (2)(iii) of SC/ST Act - 3years RI, fine Rs.1000, in default 9 months SI (7) 3(1)(x) of SC/ST Act – 3 years RI, fine of Rs.1000 in default 9 months SI (8) RI for 3 years and fine Rs.1000, in default 9 months SI

3. As far as the petitioner in W.P.No.1815 of 2024 is concerned, he was convicted with the following punishments :

(1) 147 IPC ? 2 years R.I (2) 342 r/w 149 IPC ? 1 year RI with fine Rs.1,000, in default 3 months SI (3) 323 IPC ? 1 year RI with fine Rs.1,000, in default 3 months SI

4. As far as the petitioner in W.P.No.1829 of 2024 is concerned, he was convicted with the following punishments :

(1) 147 IPC ? 2 years R.I (2) 342 r/w 149 IPC ? 1 year RI with fine Rs.1,000, in default 3 months SI (3) 323 r/w 149 IPC ? 1 year RI with fine Rs.1,000, in default 3 months SI

5. Aggrieved by the same, the petitioners preferred appeals before this Court. All the accused filed separate appeal and a batch of Criminal Appeal Nos.618, 622, 625, etc of 2011 were filed before this Court. Pending appeal, the petitioners were served with Show Cause Notice by invoking Rule 17(c)(i)(1) of TNCS (D&A) Rules. The show cause notices were challenged before this Court in a batch of Writ Petitions. This Court, by an order dated 10.10.2023, directed the respondents to conduct an enquiry and not to pass final orders. By another order dated 02.02.2021, this Court issued a direction to complete the disciplinary proceedings and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of the order. This Court dismissed the appeals and the punishment imposed by the Trial Court was confirmed.

6. Aggrieved by the same, the petitioners preferred appeal before the Hon'ble Supreme Court of India and their surrender was exempted till the Special Leave Petition is taken for hearing. However, the conviction was not stayed by the Hon'ble Supreme Court of India. Therefore, based on the order of conviction passed by this Court in the appeals, the second respondent, now, issued show cause notice dated 29.12.2023, thereby directed the petitioners to submit reply within 30 days from the date of receipt of a copy of the order. 7. The learned Senior Counsel appearing for the petitioners submitted that the impugned show cause notice issued to an individual proposing a punishment should only mention, as if, it is a minor or major punishment for conviction in the criminal case and direct the Government officials to submit a reply for the proposed punishment. However, the impugned show cause notice contains the proposed punishment of dismissal from service and proposing a punishment in a show cause notice clearly shows that the authorities have already decided to impose a major punishment and submitting a reply is only an empty formality. Therefore, there is no point in subm