Nithya M v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.13851 and 13854 of 2025 M.Nithya ... Petitioner -vs1.The Principal Secretary to Government, Medicine and Public Health Department, Secretariat, Chennai - 600 009.
2.The Director, Directorate of Medical Education and Research, Kilpauk, Chennai - 600 010.
3.The Dean, Theni Government Medical College Hospital, Theni.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Charge Memo dated 17.04.2025, issued by the third respondent and quash the same and consequently, direct the respondents to reinstate the petitioner in service.
For Petitioner : Mr.C.Ganesh Kumar For Respondents : Mr.K.Balasubramani Special Government Pleader
ORDER
This Writ Petition has been filed seeking to quash the impugned Charge Memo dated 17.04.2025, issued by the third respondent and consequently, direct the respondents to reinstate the petitioner in service.
2. By consent, this Writ Petition is disposed of, at the admission stage itself.
3. According to the petitioner, she was initially appointed as a 'Nurse' on a contractual basis on 08.08.2006 at the PHC, Midappadi, Palani and her services were regularized with effect from 21.05.2010. Since then, she has been serving at the Theni Government Medical College Hospital with an unblemished record for over 15 years. However, pursuant to a complaint lodged by the Senior Medical Officer, Government Hospital, Andipatti, a case in Crime No.43 of 2025 was registered against her under Section 318(4) of the BNS r/w. Section 15(3) of the Indian Medical Council Act, 1956. Following the registration of the case, she was placed under suspension by order dated 28.03.2025 and was served with a Charge
Memo dated 17.04.2025 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. She submitted a detailed explanation in-person on 02.05.2025, but no further enquiry has been conducted till date. Hence, this Writ Petition is filed seeking to quash the Charge Memo and for consequential reinstatement in service.
4. Heard both sides.
5. Considering the facts and circumstances of the case, there shall be a direction to the respondents to conclude the enquiry and pass appropriate orders on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.
6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
NCC : Yes / No 04.07.2025 Index : Yes / No smn2
To:- 1.The Principal Secretary to Government, Medicine and Public Health Department, Secretariat, Chennai - 600 009.
2.The Director, Directorate of Medical Education and Research, Kilpauk, Chennai - 600 010.
3.The Dean, Theni Government Medical College Hospital, Theni.
VIVEK KUMAR SINGH , J.
smn2 04.07.2025