K.Shegedar Praveen v. The State Represented By The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.13985 of 2024 K.Shegedar Praveen ... Petitioner Vs.
1. The State Represented by, The Principal Secretary, Health and Family Welfare, Secretariat, Fort St.George, Chennai 600 009.
2. The Commissioner / Director, Indian Medicine and Homeopathy Department, Chennai Corporation Child Care Centre, Arignar Anna Government Hospital Campus, Arumbakkam, Chennai.
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3. The Principal, Government Ayurveda Medical College and Hospital, Chidambara Nagar, Kottar, Nagercoil, Kanyakumari District - 629 001.
4. The Inquiry Officer, The Principal, Government Homoeopathy Medical College and Hospital, Thirumangalam, Madurai District.
....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the first and second respondents to pass appropriate final orders in the departmental proceeding vide charge memo reference No.Na.Ka.No. 13450/Nee2/1/2021 dated 27.01.2022 within a period stipulated time by this Court.
For Petitioner : Mr.Nirajan S.Kumar For Respondents : Mr.M.Lingadurai Special Government Pleader 2/7
ORDER
The present writ petition has been filed seeking a Writ of Mandamus to direct the first and second respondents to pass appropriate final orders in the departmental proceeding vide charge memo reference No.Na.Ka.No.13450/Nee2/1/2021 dated 27.01.2022 within the period stipulated by this Court.
2. Heard Mr.Niranjan S.Kumar, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents.
3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
4. The case of the petitioner is that he was appointed as a Reader on a temporary basis in the third respondent College on 31.12.2014. During the year 2021, the 1st year students had preferred a complaint before the third respondent stating that they were not able to 3/7
avail specimen from practical lab/museum room, because museum room was locked and to take necessary steps. The third respondent had issued a proceedings to the petitioner, dated 04.10.2021, for which, he has also given a detailed representation. However, based on the complaint lodged by the third respondent, the second respondent issued a charge memo, dated 27.10.2022. Even though the petitioner was issued with a charge memo on 27.01.2022, till date, no further order has been passed. Hence, the petitioner has filed the present Writ Petition.
5. The learned Special Government Pleader appearing for the respondents would submit that the proceedings of the petitioner, dated 27.01.2022 would be considered by the respondents 1 and 2 within a time frame fixed by this Court.
6. In the light of the above submission, there shall be a direction to the respondents 1 and 2 herein to pass final orders in the departmental proceedings vide charge memo, dated 27.01.2022 on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this 4/7
Court has not gone into the merits of the claim of the petitioner and it is open to the respondents 1 and 2 to consider the same on its own merits.
7. With the above direction, the Writ Petition stands disposed of. No costs.
28.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7
To
1. The Principal Secretary, Health and Family Welfare, Secretariat, Fort St.George, Chennai 600 009.
2. The Commissioner / Director, Indian Medicine and Homeopathy Department, Chennai Corporation Child Care Centre, Arignar Anna Government Hospital Campus, Arumbakkam, Chennai.
3. The Principal, Government Ayurveda Medical College and Hospital, Chidambara Nagar, Kottar, Nagercoil, Kanyakumari District - 629 001.
4. The Inquiry Officer, The Principal, Government Homoeopathy Medical College and Hospital, Thirumangalam, Madurai District.
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R.N.MANJULA , J.
RM Order made in W.P.(MD)No.13985 of 2024 28.06.2024 7/7