S.Sivamalaya, v. State of Tamil Nadu

ORDER The present Writ Petition has been filed for issuance of a writ of mandamus, to direct the respondents to issue the illegal recoveries made in the salary of the writ petitioner and return the increment and other emoluments illegally stopped due to the writ petitioner according to rules prevailing with 12% interest from the dates of actual due.

¶2The writ petitioner was appointed as Forester on 12.12.1964. He was allowed to retire on 31.10.2001 in the position of Forest Station Ranger, Kanniyakumari Division at Nagercoil. While he was working as Forest Station Ranger, certain charges were levied against the writ petitioner and cash recoveries had been made. The said order was passed by the District Forest Officer, Kanniyakumari District. Since it was passed by an incompetent officer, the writ petitioner made a representation to the Government of Tamil Nadu. By on order, dated 17.09.2012, the Government was pleased to pass the following order: "5. vdNt> jpU.v];.rptkhiyah> tdr;rufUf;F> jkpo;ehL Fbikg;gzpfs; (xOq;F kw;Wk; Nky;KiwaPL) tpjpfspy; tpjp 17(b)-y; toq;fg;gl;l Fw;wj;jhs; kPJ xOq;FKiw mjpfhhp my;yhj tdg;ghJfhtyh;> jpUney;Ntyp mth;fspdhy; toq;fg;gl;Ls;s tOTs;s jz;lid Miz vz;.E2/9987/93-3> ehs; 25.07.2000-I kl;Lk; ,uj;J nra;ayhk; vdTk;> rufUf;F fd;dpahFkhp khtl;l td mYtyh; mth;fsJ Fwpg;ghiz vz;.9947/97 g2> ehs; 11.09.97y; jkpo;ehL Fbikg;gzpfs; (xOq;F kw;Wk; Nky;KiwaPL) tpjp 17(b)d; fPo; toq;fg;gl;l Fw;wj;jhspd; kPJ jkpo;ehL Xa;t+jpa tPjpfspd; fPo; chpa Nky; eltbf;ifapid murstpy; njhluyhk; vdTk; KbT nra;J mt;thNw muR MizapLfpwJ."

¶3By that order, the charges against the writ petitioner in Memo No. 9947/97 B2 dated 11.09.1997 were dropped without prejudice to the punishment granted in the proceedings E2/9987/93-3 dated 25.07.2000. Subsequently, by an order, dated 14.11.2014, the following order was passed: "Miz : jpU.rp.rptkhiyah> tdr;ruf mYtyUf;F khtl;l td mYtyh;> fd;dpahFkhp f.vz;.9947/1997 g2 ehs; 11.09.1997d; kPJ toq;fg;gl;l tdg;ghJfhtyh;> jpUney;Ntyp nray;Kiw Miz vz;. g2/9987/98-3 ehs; 25.07.2000 Fw;wj;jhSf;F Fe;jfkpd;wp ,uj;J nra;ag;gLfpwJ."

¶4In other words, the Government came to a conclusion that the order of recovery of the District Forest Officer is without jurisdiction and deserved to be set aside. Once the punishment is set aside by the Government, the recoveries that have been made under the said proceedings have to be returned to the writ petitioner. In other words, on account of setting aside the punishment, the writ petitioner is entitled to be in the same position that he would be before the recovery is made.

¶5Mr.P.F.Ferlin Castro, learned counsel appearing for the writ petitioner submitted that a sum of Rs.40,608/- had been recovered from the writ petitioner on 10 charges.

¶6Since the Government has set aside the punishment that has been imposed as against the writ petitioner, he will be entitled to reimbursement of the amount recovered from him. Accordingly, this Writ Petition succeeds. The second respondent is directed to calculate the amount that has been recovered from the writ petitioner and inform the sixth respondent for the purpose of reimbursement of the amount recovered. The said exercise shall be completed within a period of eight (8) weeks by the second respondent from the date of receipt of a copy of this order and he shall forward the papers for processing to the sixth respondent within a period of four (4) weeks thereafter.

¶7The learned counsel appearing for the writ petitioner seeks for interest on the amount, which has been retained. The writ petitioner retired from service in 2001. But the proceedings ended before the Government only in the year 2014. The writ petitioner has contributed to the delay for the proceedings and hence, I not inclined to award interest for the same.

¶8With the above directions, this Writ Petition is allowed. Consequently, connected Miscellaneous Petition is closed. No costs.

21.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

¶1The District Collector, Nagercoil, Kanniyakumari District.

¶2District Forest Officer, Kanniyakumari District, Vadasery, Nagercoil, Kanniyakumari District.

¶3Conservator of Forest, Wild Life Circle Southern Region, N.G.O.'B' Colony, Near R.T.O. Office, Thirunelveli.

¶4Principal Chief Conservator of Forest, Government of Tamil Nadu, Panagal Maligai, Saidapettai, Chennai – 15.

¶5The Principal Secretary to Government, State of Tamil Nadu, Secretariat, Chennai.

¶6The Principal Accountant General (A&E), State of Tamil Nadu, Chennai W.P.(MD)No.14417oofo2017 oV.LAKSHMINARAYANANoo,Jo. csm Orderomadeoin W.P.(MD)No.14417oofo2017 and W.M.P.(MD)No.11745oofo2018 Datedo:o21.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023 CORAM: THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD)No.11745 of 2018 S.Sivamalaya ... Petitioner Vs. 1. State of Tamil Nadu represented by District Collector, Nagercoil, Kanniyakumari District. 2. District Forest Officer, Kanniyakumari District, Vadasery, Nagercoil, Kanniyakumari District. 3. Conservator of Forest, Wild Life Circle Southern Region, N.G.O.'B' Colony, Near R.T.O. Office, Thirunelveli. 4. Principal Chief Conservator of Forest, Government of Tamil Nadu, Panagal Maligai, Saidapettai, Chennai – 15. 5. The Principal Secretary to Government, State of Tamil Nadu, Secretariat, Chennai. 6. The Principal Accountant General (A&E), State of Tamil Nadu, Chennai. ... Respondents Prayer : This Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate writ or direction in the nature of writ, directing the respondents to issue the illegal recoveries made in the salary of the petitioner and return the increment and other emoluments illegally stopped due to the petitioner according to rules prevailing with 12% interest from the dates of actual due. For Petitioner : Mr.P.F.Ferlin Castro for Mr.S.Titus For R1 to R5 : Mr.T.Amjadkhan Government Advocate For R6 : Mr.P.Gunasekaran