Chandran v. The Joint Director Of Health Services
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.No.7600 of 2025 Chandran ... Appellant Vs.
1.The Joint Director of Health Services, The Nilgiris, Udhagamandalam.
2.The Chief Civil Surgeon, Medical Officer, Government Hospital, Gudalur, The Nilgiris.
3.The Chairman and Member of Committee, Against sexual harassment, For working women's Government Hospital, Gudalur The Nilgiris.
4.The Chairperson of Ashwini Adivasi School of Nursing, G2, G3 Kothervayal, Gudalur, Tamil Nadu - 643 212.
5.Nishitha B ... Respondents Page No.: 1 of 5
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 19.07.2023 passed in W.P.No.21277 of 2023. For Appellant : Mr.M.Velmurugan For Respondents : Mr.U.M.Ravichandran, Special Government Pleader for R1 Mrs.M.Sneha, Special Counsel for Health & Family Welfare Department for R2 *****
J U D G M E N T
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) Admittedly the petitioner was a daily wage temporary employee. He was accused of sexual harassment to a nursing intern and after conducting enquiry he was terminated from service on 13.08.2019. The petitioner challenged his termination only during 2023. It is the main contention of the learned counsel for the petitioner that the enquiry was not conducted in a free and fair manner.
2. The learned Single Judge rejected the contention on the ground that there was a delay of 4 years in approaching the Court and there is no explanation for the delay. The fact that the petitioner was a daily wage ward- --------------------- Page No.: 2 of 5
boy was also taken into account by the writ Court.
3. The learned counsel for the appellant would submit that the delay occurred due to the fact that he was not furnished with the proceedings and only after he got the documents by applying under the Right to Information Act he could file the appeal.
4. Be that as it may, admittedly the appellant is a daily wager and it is open to the Government to terminate his services at any time. The appellant has been accused of very grave charges. There is also a considerable delay in the appellant approaching this Court.
5. We find no reason to interfere with the order of the writ Court. Therefore, the Writ Appeal fails and it is accordingly dismissed. No costs. Consequently, the connected miscellaneous petition is closed. (R.S.M.,J.) (G.A.M.,J.) 28.03.2025 dsa Index : No : No Page No.: 3 of 5
Speaking order To 1.The Joint Director of Health Services, The Nilgiris, Udhagamandalam.
2.The Chief Civil Surgeon, Medical Officer, Government Hospital, Gudalur, The Nilgiris.
3.The Chairman and Member of Committee, Against sexual harassment, For working women's Government Hospital, Gudalur The Nilgiris.
4.The Chairperson of Ashwini Adivasi School of Nursing, G2, G3 Kothervayal, Gudalur, Tamil Nadu - 643 212.
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R.SUBRAMANIAN, J.
and G.ARUL MURUGAN, J.
dsa 28.03.2025 Page No.: 5 of 5