Dr.K.Kulandaivelu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.No.18709 of 2019 and W.M.P.No.18048 of 2019 Dr.K.Kulandaivelu .. Petitioner Vs.

1. The District Collector, Coimbatore, Coimbatore District.

2. The Dean, Government Medical College Cum ESI Hospital, Coimbatore-15.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, forbearing the respondents from acting on the false complaints dated 13.03.2019 initiated by the contract employees of the 2nd respondent.

For Petitioner : Mr.G.Saravanan for Mr.Elumalai.N For Respondents : Mr.R.S.Selvam, Government Advocate

O R D E R

The present Writ Petition is filed seeking to issue a Writ of Mandamus, forbearing the respondents from acting on the false complaints dated 13.03.2019 initiated by the contract employees of the 2nd respondent.

2.According to the petitioner, based on anonymous false complaint given against the petitioner, he was called upon to appear for enquiry. According to the petitioner, if enquiry is conducted on false complaint, his reputation would be affected. From the typed set of papers filed in the Writ Petition, it is seen that the complaints are received against the petitioner from the staff, the contract employees and one V.Aadhilakshmi, https://hcservices.ecourts.gov.in/hcservices/

Nursing Superintendent. Based on the complaints, the Enquiry Officer is appointed and notice was issued to the petitioner to appear for enquiry.

3.From the above materials it is seen that only preliminary enquiry is ordered to be conducted on the complaints received against the petitioner. The petitioner has not stated any thing in the affidavit that whether any enquiry was conducted on 04.06.2019. In view of the complaints received against the petitioner, it is open to the petitioner to appear before the Enquiry Officer and submit his explanation and prove that the complaints given against him are false complaints. The present Writ Petition is not maintainable as it is pre-mature. 4.For the above reason, this Writ Petition is dismissed. No costs.

Sd/- Deputy Registrar (CJ Conf.,) //True Copy// gsa Sub Assistant Registrar To

1. The District Collector, Coimbatore, Coimbatore District.

2. The Dean, Government Medical College Cum ESI Hospital, Coimbatore-15.

+1 cc to Mr.N.Elumalai, Advocate, S.R.No.55904 +1 cc to the Government Pleader, S.R.No.56548 W.P.No.18709 of 2019 PM(CO) SSM(26/07/2019) https://hcservices.ecourts.gov.in/hcservices/