The Hindu : Tamil Nadu News : Forest ranger challenges compulsory retirement

Online edition of India's National Newspaper
Saturday, Oct 02, 2004

Tamil Nadu

Tamil Nadu

Forest ranger challenges compulsory retirement

By Our Staff Reporter

CHENNAI, OCT. 1. A forest department ranger, who was compulsorily retired on September 11 after the Madras High Court stayed an order of suspension, has challenged the retirement.

According to R. Rajendran, former ranger of the Periyakulam range, he was suspended from service by an order of the Conservator of Forests on August 25. After the Madurai Bench stayed the order on August 31, he rejoined duty at Periyakulam on September 1.

On September 12, copies of two orders — one revoking the suspension order and the other compulsorily retiring him — were pasted on his house.

Mr. Rajendran said the suspension order was revoked with a mala fide intention of enabling the Forest Secretary to compulsorily retire him ``as a measure of punishment and to avoid enquiry.'' The order was ``based on extraneous reasons'' and a short cut to avoid a departmental enquiry as laid down by the Supreme Court.

As per Rule 18 of the Tamil Nadu Civil Service (D&A) Rules, he ought to have been served the impugned order by registered post with acknowledgement due and if it was not served or was refused by any adult member of the family, it might be affixed in some conspicuous part of his known place of residence, said Mr. Rajendran.

The fact that the order copy was pasted on his house with the help of revenue officials on a government holiday would ``clearly establish the colourable exercise of power and mala fide intention.'' He prayed for quashing the impugned order and a direction to the authorities to reinstate him with all consequential service and monetary benefits. He also sought a stay on the operation of the order.

When the matter came up before Justice D. Murugesan yesterday, the special government pleader, V.S. Sethuraman, said the petitioner faced some other cases and hence was not fit to remain in service. The judge adjourned the matter to October 6.

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