S.Victor William v. The Dean

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13-11-2025 CORAM :

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.31442 of 2025 S.Victor William

...Petitioner

Vs The Dean, Thanjavur Medical College Hospital, Thanjavur Town and District.

... Respondent Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a WRIT OF MANDAMUS or any other writ, order or Direction Directing the respondent to reinstate in service as per the order passed by the Director of Medical Education passed in Na.Ka. No. 13075/Ni.3/2013 dated 30.07.2024 and pass such further or other orders which this Honble Court deems fit and proper under the circumstances of the case and thus render justice. For Petitioner : M/s. M.Karunanithi For Respondents : M/s.N.Satheesh Kumar, Additional Government Pleader

O R D E R

This writ petition is filed seeking direction to the respondent to reinstate in service as per the order passed by the Director of Medical Education passed in Na.Ka. No. 13075/Ni.3/2013 dated 30.07.2024. 1/4

2. I have considered the submissions made on either side and carefully perused the materials available on record.

3. A perusal of the impugned order herein would indicate that the petitioner who had been originally proceeded with the charge memo on 30.05.2016 had been imposed with a punishment of removal from service. But, however, in the final order dated 11.12.2023, the punishment imposed against the petitioner was cancelled.

4. It is brought to the notice of this Court that in reference 3rd cited in the order passed by the Director of Medical Education dated 30.07.2024, the petitioner has also been issued with a fresh charge memo on 27.03.2024, for which, the petitioner has also submitted his explanation. The reading of the impugned order herein would indicate that even though there has been a cancellation of earlier punishment order and there is no order passed by the authority in compliance with the Rule 54 of Fundamental Rule, ordering reinstatement or even treating the period of suspension of the petitioner that he suffered from the year 2016 till the order of removal in the year 2022. 2/4

5. In such view of the matter, this writ petition is disposed and there shall be a direction to the Director of Medical Education even though he is not the party in the present writ petition to consider the claim of the petitioner in compliance with the Rule 54 of the Fundamental Rules and pass appropriate orders in accordance with law. Till such time, the petitioner shall be deemed to have been under suspension and necessary subsistence allowance for the period from 30.07.2024 shall be paid to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs. 13.11.2025 NCC:yes/no Index:yes/no Internet:yes/no gvn To:

1. The Dean, Thanjavur Medical College Hospital, Thanjavur Town and District.

2. The Director of Medical Education, Chennai.

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K.KUMARESH BABU, J.

gvn 13.11.2025 4/4