V.Karuppasamy v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)No.17507 of 2025 V.Karuppasamy ... Petitioner Vs.

1. The Director, Medical Education and Research, Kilpauk, Chennai- 10.

2.The Dean, Government Thoothukudi Medical College, Thoothukudi, Thoothukudi District.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned suspension order in Ref.No.6761/E4/2025 dated 26.06.2025 was passed by the 2nd respondent and quash the same as illegal.

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For Petitioner : Mr.J.David Ganesan For Respondents : Mr.T.Amjad Khan Government Advocate

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents to pay the difference of gratuity amount of Rs.5,80,396/- together with 10 percent interest from 31.03.2023 to till the date of payment as per the representation dated 07.07.2025.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents.

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

4. The learned counsel for the petitioner submitted that the petitioner was employed as Junior Assistant under the 2nd respondent 2/6

Government Hospital. It is alleged that as if the petitioner and other persons consume alcohol in the public place and when the same was questioned by the Law Enforcing Agency, the petitioner and other persons attacked the Law Enforcing Agency. Thereby, the Law Enforcing Agency made a complaint before the jurisdictional police station. Based on the complaint, the jurisdictional police registered a case in Crime No.147 of 2025 dated 05.06.2025 for the offence under Sections 191(2), 296(b), 121(1), 132 and 351(3) of the Bharatiya Nyaya Sanhita (BNS)2023 as against the petitioner and other 5 accused persons and the petitioner was arrested on 05.06.2025 and he was in judicial custody till 19.06.2025. Thereafter, bail was granted to the petitioner and immediately the petitioner was placed under suspension by invoking Section 17 II (e) of the of the Tamilnadu Civil Services (DD&A)Rules. Challenging the same, the petitioner, the present Writ Petition has been filed.

5. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the respondents to conclude the disciplinary proceedings and pass appropriate 3/6

orders thereon, within a time frame to be fixed by this Court.

6. Considering the above facts and circumstances, without going into the merits of the case, this Writ Petition is disposed of with a direction to the second respondent, to consider the case of the petitioner and conclude the disciplinary proceedings and pass appropriate orders in accordance with law, after affording an opportunity to the petitioner. Such exercise shall be completed as expeditiously as possible, preferably within a period of six (6) weeks 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 second respondent to consider the same on its own merits. No costs. Consequently, connected miscellaneous petition is closed. 18.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PJL 4/6

To

1. The Director, Medical Education and Research, Kilpauk, Chennai- 10.

2.The Dean, Government Thoothukudi Medical College, Thoothukudi, Thoothukudi District.

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M.DHANDAPANI ,J.

PJL ORDER MADE IN DATED : 18.08.2025 6/6