Madras High CourtWP/17770/2025disposed of

A.Ravichandran v. The Director Of Medical Education And Research

2025-06-04Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN A.Ravichandran ... Petitioner Vs.

1.The Director of Medical Education and Research, Kilpauk, Chennai - 600 010.

2.The Joint Director of Health Services, Pudukottai, Pincode - 622 003 3.The Dean, Government Medical College Hospital, Ariyalur - 621 704 4.The Enquiry Officer, Pharmacy Warehouse Officer - Medicine, Government Medical College Hospital, Ariyalur ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent, the Directorate of Medical Education and Research, Kilpauk, Chennai, to pass appropriate orders on the enquiry report dated 06.12.2024 on considering the petitioner's reply dated 10.03.2025 submitted to the enquiry report, within the time frame stipulated by this Court.

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For Petitioner : M/s.Usha Ramman For Respondents : Mr.E.Sundaram Government Advocate *****

O R D E R

With the consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the 1st respondent/Directorate of Medical Education and Research, Kilpauk, Chennai, to pass appropriate orders on the enquiry report dated 06.12.2024 by considering the petitioner's reply dated 10.03.2025 submitted to the enquiry report, within the time frame stipulated by this Court.

3. The learned counsel for the petitioner would submit that a Charge Memorandum was issued against the petitioner by the 3rd respondent vide Charge Memo in Na.Ka.No.7260/Ni5/2024, dated 24.07.2024. The charges against the petitioner are that he procured surgical items, medicines and 2/6

medical equipment during Corona time without proper permission from the authorities. The learned counsel for the petitioner further submits that the charge memo was served on him on 26.07.2024 and thereafter, a Disciplinary Proceedings was initiated against him. In the meanwhile, the petitioner retired from service on 31.07.2024. Hence, the Director of Medical Education and Research continued to proceed with the Disciplinary Proceedings under Rule 9 of the Tamil Nadu Pension Rules, 1978. The learned counsel would further submit that he actively participated in the Disciplinary Proceedings and both sides witnesses were examined and Enquiry Officer has submitted his report with the Disciplinary Authority. Thereafter, on 04.02.2025, the petitioner was furnished with the enquiry report and directed to give his further explanation.

4. It is the further submission of the petitioner that he has submitted his further explanation on 10.03.2025. It is the submission of the petitioner that inspite of receipt of the further representation of the petitioner in the month of March, almost for the 2 1⁄2 months, the 1st respondent has not passed any final order. The learned counsel would submit that since he retired from service during 2024, he is very much in financial hardship and delay in passing the 3/6

final order would affect his right to life and also would impinge upon his fundamental rights.

5. Mr.E.Sundaram, learned Government Advocate takes notice on behalf of the respondents and would submit that the 1st respondent would pass appropriate orders on the above said pending proceedings in accordance with law.

6. The only grievance urged by the petitioner is for a direction to the 1st respondent to pass final order. While considering the above proclivity of the matter, the issue is at the final stage of passing the final order by the Disciplinary Authority, as the delinquent has already submitted his further explanation. It is also pertinent to mention here that the petitioner retired from service as early as in the month of July-2024.

7. In view of the above peculiar circumstances, this Court deems it appropriate to direct the 1st respondent to pass the final order in the Disciplinary Proceedings initiated against the petitioner on it's own merits and in accordance with law, within a period of eight weeks from the date of 4/6

receipt of copy of this order.

8. With the above direction, the Writ Petition is disposed of. No costs. 04.06.2025 Index : Yes Speaking order dm To 1.The Director of Medical Education and Research, Kilpauk, Chennai - 600 010.

C.KUMARAPPAN, J.

dm 04.06.2025 6/6