The Director Of Medical Education v. Jose Moses Antony.S

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI in REV.APLW(MD)SR.No.76345 of 2025 1.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai-600 010.

2.The Principal, Theni Government Medical College Hospital, Theni.

... Petitioners Vs.

S.Jose Moses Antony ... Respondent Prayer in WMP.(MD)No.19888 of 2025: Writ Miscellaneous Petition filed under Section 5 of the Limitation Act, praying to condone the delay of 269 days in filing the present Review Application against the order dated 13.11.2024 in the writ petition in W.P.(MD)No.2100 of 2022.

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Prayer in REV.APLW(MD)SR.No.76345 of 2025: Review Application filed under Order 47 Rule 1 and 2 r/w Section 114 of CPC, praying to review the order dated 13.11.2024 in the writ petition in W.P.(MD)No.2100 of 2022.

For Petitioner : Mr.Amjad Khan, Government Advocate.

ORDER

This writ miscellaneous petition has been filed to condone the delay of 269 days in filing the review application as against the order dated 13.11.2024 made in the writ petition in W.P. (MD)No.2100 of 2022.

2.In fact this Court in W.P.(MD)No.2100 of 2022 has not passed any positive direction, but only issued a direction to complete the disciplinary proceedings.

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3.The learned Government Advocate appearing for the petitioner submits that since a criminal case is pending as against the respondent/delinquent, they were under the impression that they cannot complete the enquiry pending criminal proceedings. 4.It is a settled position of law that the pendency of the criminal case will not be a bar to conclude the disciplinary proceedings and the Officials are expected to be aware of it. Even otherwise, they can very well obtain a legal opinion from the Government Pleader, instead of filing this petition by utilizing the Government money which is a public money.

5.This Court is not inclined to entertain this petition. Accordingly, this writ miscellaneous petition is dismissed and the review application is rejected on SR stage itself. No costs. 17.09.2025 NCC : Yes/No Internet:Yes/No Index:Yes/No gns 3/4

B.PUGALENDHI,J gns in REV.APLW(MD)SR.No.76345 of 2025 17.09.2025 4/4