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2024 Supreme(Online)(MAD) 44674

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
M.SAMPATH KUMAR – Appellant
Versus
THE PRINCIPAL CHIEF CONSERVA – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.01.2024 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.1504, 1511, 1515 and 1518 of 2024 and W.M.P.Nos.1516, 1518, 1523, 1524, 1527, 1529, 1534, 1538 of 2024 M.Sampath Kumar ...Petitioner in W.P.No.1504 of 2024 C.Vediappan ...Petitioner in W.P.No.1511 of 2024 K.Periyaswamy ...Petitioner in W.P.No.1515 of 2024 V.Madhu ...Petitioner in W.P.No.1518 of 2024 -Vs-

1.The Principal Chief Conservator of Forests & Head of Forest Force Panagal Building, Chennai 15.

2.The Wild Life Warden Hosur Forest Division Hosur, Krishnagiri District. ... Respondents in W.P.No.1504 of 2024

1.The Principal Chief Conservator of Forests & head of Forest Force Panagal Building, Chennai-15

2.The Divisional Forest Officer, Social Forestry & Extension Division, Dharmapuri - 5. ...Respondents in W.P.No.1511 of 2024

1.The Principal Chief Conservator of Forests & head of Forest Force, Panagal Building, Chennai-15

2.The Wild Life Warden Hosur Forest Division, Hosur, Krishnagiri District. ...Respondents in W.P.No.1515 of 2024

1.The Principal Chief Conservator of Forests & head of Forest Force, Panagal Building, Chennai-15.

2.The District Forest Officer, Dharmapuri Forest Division, Dharmapuri – 5. ...Respondents in W.P.No.1518 of 2024 Prayer in W.P.No.1504 of 2024: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari calling for the records of the 2nd respondent in connection with the impugned letter in

2301/2013/E1 dated 29.12.2023 and quash the same.

Prayer in W.P.No.1511 of 2024: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari calling for the records of the 2nd respondent in connection with the impugned letter No.3220/2023/E1 dated 28.12.2023 and quash the same.

Prayer in W.P.No.1515 of 2024: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari calling for the records of the 2nd respondent in connection with the impugned letter in

2301/2013/E1 dated 29.12.2023 and quash the same.

Prayer in W.P.No.1518 of 2024: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari calling for the records of the 2nd respondent in connection with the impugned letter No.7820/2012/F2 dated 29.12.2023 and quash the same.

For Petitioner in all WPs : Mr.Venkataramani Senior Counsel for Mr.Muthappan For Respondents in all WPs : Mr.K.H.Ravikumar Government Advocate

COMMON 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.1504 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) 3(2)(iii) of SC/ST Act – 3 years RI, fine Rs.1,000/-, in default 9 months SI (4) 3(1)(x) of SC/ST Act – 3 years RI, fine Rs.1,000/-, in default 9 months SI (5) 355 IPC – 1 year RI (6) 342 IPC – 1 year RI

3. As far as the petitioner in W.P.No.1511 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

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