← Library
Madras High CourtWP(MD)/1682/2020disposed of

Dr.G.Natarajan v. The State Of Tamil Nadu

2020-01-29Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P(MD) No.1416 of 2020 Dr.G.Natarajan Professor and Headmaster Department of Forensic Medicine Sivagangai Medical College, Sivagangai District.

... Petitioner /vs./ 1.The State of Tamil Nadu, Rep by its Principal Secretary Department of Health & Family Welfare Fort St.George, Chennai-600 009.

2.The Director of Medical Education, Kilpauk, Chennai-600 010.

3.The Dean Sivagangai Medical College, Sivagangai District.

4.The Dean Madurai Government Medical College, Madurai, Madurai District.

5.Dr.T.Selvaraj Associate Professor, Department of Forensic Medicine Madurai Government Medical College, Madurai, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the second respondent Director of Medical Education to conclude forthwith the disciplinary proceedings initiated by the second respondent on the petitioner under Charge Memo vide proceedings in Ref. No.55599/SC1/3/2018 dated 22.10.2018 and pass final orders thereon, within a reasonable time as may be specified by this Court.

For Petitioner : Mr.Isaac Mohanlal Senior Counsel for K.Ragatheesh Kumar 1/3

For R-1 to R-4 : Mr.V.Anand Government Advocate

ORDER

This Writ Petition is filed to direct the second respondent to conclude the disciplinary proceedings initiated against the petitioner vide Charge Memo in Ref. No.55599/SC1/3/2018 dated 22.10.2018.

2.It is stated that pursuant to the charge memo the petitioner has also submitted his explanation to the Enquiry Officer, who has already been appointed and that the enquiry is in progress.

3.This Court is of the view that the pendency of the disciplinary proceedings initiated against the petitioner for more than one year is an inordinate delay and as such, this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India, directing the second respondent to conclude the disciplinary proceedings within the stipulated time. 4.In view of the above observations, there shall be a direction to the second respondent to conclude the disciplinary proceedings initiated against the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) CP To:

1.The Principal Secretary, State of Tamil Nadu, Department of Health & Family Welfare Fort St.George, Chennai-600 009.

2/3

2.The Director of Medical Education, Kilpauk, Chennai-600 010.

3.The Dean Sivagangai Medical College, Sivagangai District.

4.The Dean Madurai Government Medical College, Madurai, Madurai District.

+1 CC to M/S.ISAAC CHAMBERS, Advocate ( SR-3861[F] dated 30/01/2020 ) +1 CC to SPL.GP ( SR-4327[F] dated 31/01/2020 ) Order made in W.P.(MD)No.1682 of 2020 Dated:

29.01.2020 KM/(17.02.2020) 3P 7C 3/3