Vijayaradha.K v. The Directorate Of Medical Education,
W.P(MD)No.19549 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 10.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.19549 of 2020 and W.M.P(MD)No.16281 of 2020 K.Vijayaradha ... Petitioner Vs 1.The Directorate of Medical Education, Chennai.
2.The Dean, Tirunelveli Medical College Hospital, Tirunelveli.
3.The Inquiry Officer, Tirunelveli Medical College Hospital, Tirunelveli.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus, calling for the records relating to the impugned charge memo issued by the second respondent in Na.Ka.No.2168/N4/2014, dated 02.09.2014 and consequent impugned second inquiry notice dated 03.12.2020 and 11.12.2020 issued by the third respondent and quash the same as illegal and direct the respondents herein to disburse the increment, allowances and other consequential service and monetary benefits within a reasonable time as may be specified by this Court. For Petitioner : Mr.A.SIVASUBRAMANIAN, Advocate For Respondents : Mr.G.V.VAIRAM SANTHOSH Additional Government Pleader
ORDER
This writ petition has been filed challenging the charge memo dated 02.09.2014 and the consequential enquiry notice dated 11.12.2020.
2.The learned Counsel for the petitioner submits that though this writ petition has been filed challenging the charge memo and the enquiry notice, the enquiry has been subsequently conducted and the enquiry officer has also submitted his report to the second respondent / the Dean of the Medical College. However, no final https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.19549 of 2020 order has been passed so far. Therefore, the learned Counsel now prays for a direction to the second respondent to pass final orders in the departmental proceedings initiated against him. 3.The learned Additional Government Pleader appearing for the respondents submits that the petitioner has not co-operated for the enquiry and protracted the enquiry for several years. 4.In view of the above, since the enquiry is pending from the year 2014, the second respondent is directed to take a decision and pass appropriate orders based on the enquiry report of the third respondent, within a period of six weeks from the date of receipt of a copy of this order, by following due process of law. 5.This writ petition is disposed of on the above terms. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (A.E) // True Copy // / /2022 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Directorate of Medical Education, Chennai.
2.The Dean, Tirunelveli Medical College Hospital, Tirunelveli.
3.The Inquiry Officer, Tirunelveli Medical College Hospital, Tirunelveli.
+1CC to Special Government Pleader SR.No.1323 W.P(MD)No.19549 of 2020 10.01.2022 SA (21.02.2022) 2P 5c https://hcservices.ecourts.gov.in/hcservices/ 2/2