Sophia S v. The Director Of Medical And Rural Health Services (Esi)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.17502 of 2025 S.Sophia : Petitioner Vs.

1. The Director of Medical and Rural Health Services (ESI), O/o. the Director of Medical and Rural Health Services (ESI), DMS Complex, Thenampettai, Chennai - 6.

2. The Director of Medical Education (DME), No.162, EVR Periyar Salai, Kilpauk, Chennai - 10.

3. The Regional Administrative, Medical Officer (ESI), Chairman of Vishaka Committee ESI, Kk Nagar, Madurai - 20.

4. The Dean, Tirunelveli Medical College, No.3, High Ground, Palayamkottai, Tirunelveli District - 11.

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5. G.Kishore Kumar : Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India, seeking the issuance of a Writ of Mandamus, directing the respondents No. 1 to 4 to take appropriate action against respondent No. 5, in relation to the Show Cause Notice dated 16.06.2023 and the Charge Memo in Reference No. 26325/ESI/SC/1/2021, dated 30.12.2021, issued under Rule 17(b) of the Tamil Nadu Discipline and Appeal Rules, on the file of the 1st respondent. This action is sought based on the charges proved in the Visaka Committee Report against respondent No. 5, by considering the petitioner's representation dated 23.03.2025 and the reminder representation dated 06.06.2025, within the time frame stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking a writ of mandamus, directing the respondents No. 1 to 4 to take appropriate action against respondent No. 5, in relation to the Show Cause Notice dated 16.06.2023 and the Charge Memo in Reference No. 26325/ESI/SC/1/2021, dated 30.12.2021, issued under Rule 17(b) of the Tamil Nadu Discipline and Appeal Rules, on the file of the first 2/6

respondent. This action is sought based on the charges proved in the Visaka Committee Report against respondent No. 5, by considering the petitioner's representation dated 23.03.2025 and the reminder representation dated 06.06.2025, within the time frame stipulated by this Court.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that, although several grounds have been raised in the writ petition, it would suffice if this Court issues a direction to the first respondent to consider the petitioner's representation dated 06.06.2025 and pass appropriate orders thereon, within a time frame to be fixed by this Court.

4. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's 3/6

representation dated 06.06.2025 on its own merits and in accordance with law and to pass appropriate orders within a period of two months from the date of receipt of a copy of this order.

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

27.06.2025 Index : Yes / No Internet : Yes / No PKN To

1. The Director of Medical and Rural Health Services (ESI), O/o. the Director of Medical and Rural Health Services (ESI), DMS Complex, Thenampettai, Chennai - 6.

2. The Director of Medical Education (DME), No.162, EVR Periyar Salai, Kilpauk, Chennai - 10.

3. The Regional Administrative, Medical Officer (ESI), Chairman of Vishaka Committee ESI, Kk Nagar, Madurai - 20.

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4. The Dean, Tirunelveli Medical College, No.3, High Ground, Palayamkottai, Tirunelveli District - 11.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.17502 of 2025 27.06.2025 6/6