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Madras High CourtWP/33207/2022disposed of

Dr.N.Sathya v. The Joint Director Of Health Services

2022-12-09Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.33207 of 2022 and W.M.P. No.32621 of 2022 N.Sathya ... Petitioner vs.

The Joint Director of Health Services, Namakkal - 637 001.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the entire records relating to the Proceedings in Na.Ka. No.5584/Ni.1/2022-2 dated 17.11.2022 from the file of the respondents, quash the same so far as the petitioner is concerned.

For petitioner : Mr.D.Shivakumaran For respondent : Mr.M.Jayanthy, Additional Government Pleader

ORDER

This writ petition has been filed, challenging the charge memo dated 17.11.2022 issued to the petitioner by the respondent. 2.The petitioner pleads innocence of the charge. However, at this preliminary stage, this Court cannot interfere with the charge 1/4

memo. The only limited relief that can be granted to the petitioner is to direct the respondent to complete the enquiry proceedings and pass final orders within a time frame to be fixed by this Court, after affording a fair hearing to the petitioner.

3.Learned counsel for the petitioner submits that the petitioner may be granted time till 15.01.2023 to submit her explanation to the impugned charge memo to the respondent. The said submission is recorded.

4.No prejudice will be caused to the respondent if a direction is issued to the respondent to complete the enquiry proceedings and pass final orders, on receipt of the explanation from the petitioner within a period of six weeks from the date of receipt of the explanation from the petitioner.

5.For the foregoing reasons, this Court directs the petitioner to submit an explanation to the impugned charge memo dated 17.11.2022 stating her objections on or before 15.01.2023. On receipt of the said explanation, the respondent, if not satisfied with the said explanation, is directed to appoint an enquiry officer and 2/4

conclude the disciplinary proceedings against the petitioner, after affording a fair hearing to the petitioner, within a period of six weeks thereafter.

6.With the aforesaid direction, this writ petition stands disposed of. Consequently, connected W.M.P. stands closed. No costs.

09.12.2022 vga To The Joint Director of Health Services, Namakkal - 637 001.

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ABDUL QUDDHOSE, J.

vga W.P.No.33207 of 2022 and W.M.P. No.32621 of 2022 09.12.2022 4/4