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Madras High CourtWP/4392/2025dismissed

P.Rajalakshmi v. The Commissioner Of Indian Medicine

2025-02-12Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.4392 of 2025 P.Rajalakshmi .. Petitioner Vs.

1.The Commissioner of Indian Medicine and Homoeopathy Arumbakkam, Chennai - 600 106.

2.The District Siddha Medical Officer District Headquarters Hospital (Siddha), Kancheepuram District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to revoke the Diversion Order issued in Ref. No.1458/E1/2/2020 dated 09.02.2023 and permit the petitioner to continue at her original place of posting, namely, Government District Headquarters Hospital, Kancheepuram. For Petitioner .. Mr.P.Rajendran For Respondents .. Mr.M.Bindran, Additional Government Pleader

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the 1st respondent to revoke the order which is termed as a Diversion order issued in Ref. No.1458/E1/2/2020 dated 09.02.2023. 2.The petitioner claimed that she must be permitted to discharge her duties at the original place of posting namely, Government District Headquarters Hospital Kancheepuram. The petitioner was working as Assistant Medical Officer, Siddha at the Government District Headquarters Hospital Kancheepuram. At that time, a charge memo had been issued. The first charge was that, she had created records as if the patients visited the hospital when actually nobody had taken treatment. There were other charges also, but this charge had been held to be partially proved.

3. During the course of enquiry, in order to facilitate the petitioner not to interfere with the enquiry, the petitioner was diverted to function at Government Hospital, Mamallapuram. Thereafter, consequent to the first charge being partly proved, a punishment of censure had been passed against the petitioner. In this writ petition that particular punishment is not

questioned. However, the petitioner wants to be reinstated to Government District Headquarters Hospital, Kancheepuram. 4.On behalf of the respondents, it is contended that both Kancheepuram and Mamallapuram are within the very same district and that the petitioner would not suffer much difficulty. 5.Let the enquiry proceedings be completed in its entirety, which would include questioning the order of punishment of censure and thereafter, further orders passed whether to approve or to modify or to set aside the punishment by the authorities. Till such time, let the petitioner continue in the Government Hospital Mamallapuram. I am not inclined to pass any order revoking the diversion order.

6.With the above observations, this Writ Petition stands dismissed. 12.02.2025 Index:Yes/No Internet:Yes/No smv

C.V.KARTHIKEYAN,J.

smv To 1.The Commissioner of Indian Medicine and Homoeopathy Arumbakkam, Chennai - 600 106.

2.The District Siddha Medical Officer District Headquarters Hospital (Siddha), Kancheepuram District.

W.P.No.4392 of 2025 12.02.2025