Muthuveeran. C v. The Deputy Director Of Health Services (Tuberculosis)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.21734 of 2024 and W.M.P(MD) Nos.18358 and 18359 of 2024 C.Muthuveeran ... Petitioner Vs.
1. The Deputy Director of Health Services (Tuberculosis) District Tuberculosis Center, Government Head Quarters Hospitals, Dindigul District, Dindigul.
2. The Joint Director of Health Services, Government Head Quarters Hospitals, Dindigul District, Dindigul.
3. The Member Secretary, District TB Control Society, District Tuberculosis Center, Dindigul.
4. The District Collector, Dindigul District, Dindigul.
... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in Letter No.68/NTEP/2024, dated 31.07.2024 issued by the first respondent and quash the same and pass a direction to the first respondent that retain the petitioner in service as driver for the remaining period of service.
For Petitioner : Mr.M.Venkatesan For Respondents : Mr.S.Shanmugavel Additional Government Pleader
O R D E R
The instant Writ Petition has been filed by a Scheme Employee, challenging the order of his termination on the ground that the termination order is punitive in nature without conducting proper enquiry.
2. The learned Additional Government Pleader appearing for the respondents, after producing the original records, had contended that the petitioner was issued with two show cause notices and since his reply was not satisfactory, he has been terminated from service. 2/5
3. A perusal of the original records reveal that show cause notices have been issued to the writ petitioner, explanations have been submitted by him and full-fledged enquiry has been conducted. In the light of the fact that some allegations have been made as against the writ petitioner, the order of termination impugned in the writ petition, dated 31.07.2024 is hereby set aside.
4. As per the clauses found in the agreement, the employer is entitled to terminate the services of the petitioner after issuing one month notice and the employer is entitled to invoke the said clause, if they are so advised.
5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.
26.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5
To
1. The Deputy Director of Health Services (Tuberculosis) District Tuberculosis Center, Government Head Quarters Hospitals, Dindigul District, Dindigul.
2. The Joint Director of Health Services, Government Head Quarters Hospitals, Dindigul District, Dindigul.
3. The Member Secretary, District TB Control Society, District Tuberculosis Center, Dindigul.
4. The District Collector, Dindigul District, Dindigul.
4/5
R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.21734 of 2024 26.09.2024 5/5