Madras High CourtWP(MD)/4951/2023disposed of

Vijayaradha K v. The Principal Secretary To Government

2023-03-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Vijayaradha ... Petitioner Vs.

1.The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai - 600 009.

2.The Director of Medical Education (DME), No.162, EVR Periyar Salai, Kilpauk, Chennai - 600 010.

2.The Dean, Tirunelveli Medical College and Hospital, High Ground, Palayamkottai, Tirunelveli - 627 011.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to dispose of the appeal filed by the petitioner on 18.11.2022 as against the order of the 2nd respondent proceeding Na.Ka.No.28134/SiMaPi2/1/2018 dated 10.10.2022 within the time limit stipulated by this Court. 1/4

For Petitioner : Mr.I.Murugesan For Respondents : Mr.N.Satheeskumar, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner has suffered an order of punishment. Questioning the same, she has filed an appeal before the first respondent. The punishment imposed on the petitioner is not harsh one. It is only stoppage of increment for a period of one year and that too without cumulative effect. The appeal also has been filed only recently. Therefore, it is not case in which this Court should give any direction as such. However, considering the special facts and circumstances projected by the learned counsel for the petitioner, the first respondent is directed to dispose of the petition mentioned appeal on merits and in accordance with law within a period of eight months from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. It is open to the first respondent to pass order one way or the other. 2/4

3.The writ petition is disposed of accordingly. No costs. 08.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai - 600 009.

2.The Director of Medical Education (DME), No.162, EVR Periyar Salai, Kilpauk, Chennai - 600 010.

2.The Dean, Tirunelveli Medical College and Hospital, High Ground, Palayamkottai, Tirunelveli - 627 011.

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G.R.SWAMINATHAN, J.

ias 08.03.2023 4/4