Dr.G.Natarajan v. The State Of Tamil Nadu
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.1419 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 first and second respondents to conclude forthwith the disciplinary proceedings initiated by the second respondent on the petitioner under Charge Memo vide proceedings in Na.Ka.No.89613/C.Ma.Pi 1/3/2016 dated 09.02.2017.
For Petitioner : Mr.Isaac Mohanlal Senior Counsel for K.Ragatheesh Kumar For R-1 to R-4 : Mr.V.Anand Government Advocate 1/3
ORDER
This Writ Petition is filed to direct the first and second respondents to conclude the disciplinary proceedings initiated against the petitioner vide Charge Memo in Na.Ka.No.89613/C.Ma.Pi 1/3/2016 dated 09.02.2017.
2.It is stated by the learned Senior Counsel appearing for the petitioner that the entire proceedings have been concluded and awaiting for report of the Enquiry Officer.
3.This Court is of the view that the pendency of the disciplinary proceedings initiated against the petitioner for more than 2 1⁄2 years 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 four 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 (CO) // 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-3862[F] dated 30/01/2020 ) +1 CC to SPL.GP ( SR-4325[F] dated 31/01/2020 ) Order made in W.P.(MD)No.1687 of 2020 Dated:
29.01.2020 KM/(12.02.2020) 3P 7C 3/3