W.P.No.19769 of 2008 is filed to issue a Writ of Certiorarified Mandamus calling for the records of the impugned proceeding of charge memo vide Ref.No.13909/ESI/SC2/2008 dated 28.05.2008 issued by the 2nd respondent herein and quash the same as null and void and against the principle of natural justice and consequently direct the 1st respondent herein to pass appropriate order by confirming the promotion order issued for the petitioner vide G.O.(3D) No.42 dated 27.04.2006 and G.O.(D) No.612 dated 22.05.2008 already issued by the 1st respondent herein.
2.The petitioner served as a Civil Surgeon and had 27 years of service. He was served with the charge memo under Ref. No.13909/ESI/SC2008 dated 28.05.2008 by the second respondent. The writ petition has been filed to quash the charge memo and to grant promotion in terms of G.O.(3D) No.42 dated 27.04.2006 and G.O.(D) No.612 dated 22.05.2008 issued by the first respondent.
3.The nature of allegation in the charge memo is relating to improper treatment of an inpatient resulting in a criminal case. A compliant was made before the consumer forum as well. Therefore, the department issued a charge memo to the petitioner consequent to the complaint by the patient.
4.W.P.No.13895/08 is filed to issue a Writ of Certiorarified Mandamus calling for the records of the impugned order vide G.O.(D)No.657 dated 30.05.2008 issued by the 1st respondent and quash the same as null and void as against the principle of natural justice and consequently direct the respondents herein to allow the petitioner herein to retire with all service and monetary benefits.
5.In this case, petitioner challenges the order of the first respondent not allowing the petitioner to retire from service. The main ground in both the cases is that there is no basis for the charge memo issued as the proceedings before the consumer forum was set aside. Therefore, the basis on which the charge memo was issued is no more. Therefore, the petitioner should be allowed to retire. The suspension should be revoked with all consequential benefits.
6.The respondents have been noticed and counter has been filed reiterating the facts as contained in the impugned proceedings. The Government Advocate stated that petitioners instead of co-operating in the early disposal of the disciplinary proceedings has rushed to this Court for relief.
7.At the time of final hearing, the counsel for the petitioner on instruction stated that the petitioner has no reservation to participate in the disciplinary proceedings if it is conducted in a fair manner. In view of the changed circumstances and the subsequent event (i.e.) the complaint by the individual concerned before the consumer forum is said to have been dismissed, it will be appropriate to direct the petitioner to pursue the disciplinary proceedings pending before the department and agitate the plea on merits. The petitioner counsel pleaded that disciplinary proceedings should be completed within a time frame. Respondents state that if the Court directs the authorities to complete the proceedings the same will be concluded at the earliest in any event on or before the end of February 2010.
8.in view of the above, without going to the merits of the contention raised in the charge memo and the order not allowing the petitioner to retire from service, the official respondents are directed to complete the disciplinary proceedings on or before the end of February 2010. The petitioner shall co-operate with the department in concluding the proceedings expeditiously. Liberty is given to the petitioner, to raise all the legal plea now raised in the present writ petition, if aggrieved in the departmental proceedings.
9.Both the writ petitions stand disposed of with the above direction. The petitioner is also permitted to make an application to appropriate authority for revoking the suspension or for any other relief, particularly, with regard to G.O.M.S.No.144 Personnel and Administrative Reforms N Department dated 08.06.2007. It is made clear that any representation made with regard to other relief need not stand in the way while conducting the disciplinary proceedings. Consequently, connected miscellaneous petitions are closed. No costs.
Office to Note:-
Send copy to the concerned Officers immediately vsm To
1.The Secretary, Government of Tamil Nadu, Health and Family Welfare, K 1 Department, Secretariat Building, Chennai 600 009.
2.The Director of Medical and Rural Health Services (ESI), Government of Tamil Nadu, D.M.S. Campus, Chennai 600 006.
3.The Superintendent, ESI Hopital, Ayanavarm, Chennai 600 023