Dr.N.Manoharan, Mbbs, v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.7731 of 2019 Dr. N. Manoharan ... Petitioner Vs.

1.The State of Tamil Nadu, rep. by the Commissioner and Secretary, Health and Family Welfare Department, St. George, Chennai - 06.

2.The Director of Public Health and Preventive Medicine, Chennai - 06.

3.The Deputy Director of Health Service, Thanjavur.

4.The Block Medical Officer, Government Primary Health Centre, Naducauvery, Thanjavur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent pertaining to his order in R.No.18577/PHC3/A2/2019-3 dated 27.03.2019 on his file and quash the same and directing the 2nd respondent to set aside the charge memo R.No.18577/AASUN13/A2/2019-1, dated 25.03.2019 and relieve the petitioner from his services. For Petitioner : Mr.M. Vijayarathinam For Respondents : Mr. Aayiram K. Selvakumar Additional Government Pleader

ORDER

This Writ Petition has been filed to call for the records of the 2nd respondent in R.No.18577/ PHC3/ A2/2019-3, dated 27.03.2019, pending on its file and quash the same and consequently, direct the 2nd respondent to set aside the charge memo in R.No.18577/ AASUN13/A2/2019-1, dated 25.03.2019 and relieve the petitioner from his service.

https://hcservices.ecourts.gov.in/hcservices/

2. At the time of hearing, the learned counsel appearing for the petitioner submitted that even though a larger relief is sought for in this Writ Petition, it would suffice, if a direction is issued to the respondents to complete the enquiry within a period of one month.

3. The learned Additional Government Pleader appearing for the respondents requested three months time to complete the enquiry and submit the report before the authority concerned.

4. In view of the said submission made by the learned counsel appearing on either side, this Court, without expressing any opinion on the merits of the case, directs the second respondent to appoint an Inquiry Officer (if the Inquiry Officer has not already appointed) within a period of two weeks from the date of receipt of a copy of this order and thereafter, the enquiry shall be concluded by the Inquiry Officer in accordance with law, within a period of eight weeks and submit the report to the authority concerned.

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To

1. The Commissioner and Secretary, Health and Family Welfare Department,St. George, Chennai - 06.

2.The Director of Public Health and Preventive Medicine, Chennai - 06.

3.The Deputy Director of Health Service,Thanjavur. 4.The Block Medical Officer, Government Primary Health Centre, Naducauvery, Thanjavur.

+1cc to Mr.M.VIJAYA RATHINAM,Advocate, SR.No.74858 +1cc to the Spl.Govt.Pleader Sr.No.74914 trp W.P(MD)No.7731 of 2019 10.07.2019 NA (29.07.2019) 2P : 7C https://hcservices.ecourts.gov.in/hcservices/