Madras High CourtWP(MD)/8127/2023disposed of

Palaniammal K v. The Deputy Director Of Health Services

2023-04-11Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.7509 and 7510 of 2023 K.Palaniammal ... Petitioner Vs.

1.The Deputy Director of Health Services, Karur District, Karur.

2.The Block Medical Officer, Government Primary Health Centre, Kaniyalampatti.

3.S.Sugundaladevi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st respondent in Na.Ka.No.1103/Nee.2022 dated 14.12.2022 and consequential impugned summon issued by the 3rd respondent in Na.Ka.No.69/2021 dated 26.12.2022 and quash the same as illegal and 1/4

consequently direct the 1st respondent to appoint any other officer as a enquiry officer for the departmental proceedings initiated against the petitioner in Na.Ka.No.1103/Nee.2/2021 dated 29.11.2022. For Petitioner : Mr.K.Dinesh For Respondents : Mr.T.Villavankothai, Addl. Government Pleader for R1 & R2.

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the respondents 1 and 2. 2.This writ petition has been filed for change of enquiry officer. The case of the writ petitioner is that the third respondent figured as witness in the criminal case against the writ petitioner herein and that such a person could not have been appointed as enquiry officer. 3.When the matter was taken up for hearing, the learned Additional Government Pleader submitted that an order appointing the third respondent as enquiry officer has since been changed. Copies of the 2/4

relevant proceeding dated 10.04.2023 issued by the Deputy Director of Health Services, Karur have been placed before this Court. The same is taken on file.

4.In view of the subsequent development, nothing survives for further adjudication in this writ petition and the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

11.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Deputy Director of Health Services, Karur District, Karur.

2.The Block Medical Officer, Government Primary Health Centre, Kaniyalampatti.

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G.R.SWAMINATHAN, J.

ias 11.04.2023 4/4