Sathiyabama v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.4352 of 2015 Sathiyabama .. Petitioner v.
1 The State of Tamil Nadu, Rep. by its Secretary, Medicine and Health and Family Welfare Department, Fort, Chennai 2 The Director Office of Medicine and Rural Services, Chennai-600 006.
3 The District Collector, Office of the District Collector of Perambalur Perambalur, Perambalur District.
4 The Joint Director, Health and Medicine, Perambalur, Perambalur District 5 The Superintendent of Police Perambalur Perambalur District 6 The Chief Medical Officer, Government Hospital, Krishnapuram Perambalur District 7 The Chief Medical Officer Government General Hospital, Perambalur, Perambalur District .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the 4th respondent to conduct the enquiry as per the Letter in Na.Ka. No.93/ Ni1/2014, dated 6.1.2015 expeditiously. For Petitioner :
Mr.E.Sathiyaraj For Respondents: Mr.R.Vijayakumar Additional Government Pleader
ORDER
The petitioner seeks for the issuance of a writ of mandamus to direct the fourth respondent to conduct the enquiry in terms of the proceedings in Na.Ka.No.93/Nil/2014 dated 06.01.2015. The petitioner submitted a representation alleging that wrong treatment has been given by the staff of the sixth respondent hospital. The said representation was considered by the Director of Medicine and Rural Services, the second respondent vide proceedings dated 15.12.2014 and directed the fourth respondent to conduct the enquiry. Pursuant to that, the petitioner submitted a representation dated 02.01.2015, which was received by the authorities on 05.01.2015. Thereafter, a notice was issued by the fourth respondent dated 06.01.2015 stating that the petitioner should appear for an enquiry on 13.01.2015 at 10.00 a.m.
In the affidavit filed in support of the writ petition, the petitioner has stated that he went to the office of the fourth respondent for enquiry; but no enquiry was conducted and it was adjourned to 19.01.2015 and on that date also, no enquiry was conducted. Therefore, the petitioner is before this Court seeking to issue a direction to conduct the enquiry and submit the relevant report.
2. In the light of the above facts, without going into the merits of the allegations made by the petitioner, the fourth respondent is directed to issue a fresh notice to the petitioner and conduct enquiry on the date fixed based on the documents produced by the petitioner and submit a report to the second respondent for appropriate action. The enquiry shall be conducted by the fourth respondent within a period of three weeks from the date of receipt of a copy of this order.
3. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vj2
To 1 The Secretary, Medicine and Health and Family Welfare Department, Fort, Chennai 2 The Director Office of Medicine and Rural Services, Chennai-600 006.
3 The District Collector, Office of the District Collector of Perambalur Perambalur, Perambalur District.
4 The Joint Director, Health and Medicine, Perambalur, Perambalur District 5 The Superintendent of Police Perambalur Perambalur District 6 The Chief Medical Officer, Government Hospital, Krishnapuram Perambalur District 7 The Chief Medical Officer Government General Hospital, Perambalur, Perambalur District + 1 cc to Mr.E. Sathiyaraj, Advocate Sr.9595 + 1 cc to Government Pleader Sr.9642 WP.No.4352 of 2015 MG(CO) Eu 24.02.15