Madras High Court
The State Of Tamil Nadu vs Dr.K.Saleem on 13 July, 2021
Review Application (MD) No.8 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
Review Application (MD) No.8 of 2021
and C.M.P.(MD) No.1906 of 2021
in W.A.(MD) No.772 of 2020
in W.P.(MD) No.21568 of 2019
1.The State of Tamil Nadu,
Rep. by its Principal Secretary,
Health and Family Welfare Department,
Secretariat, Chennai.
2.The Commissioner/Director of Indian
Medicine and Homeopathy,
Arumbakkam,
Chennai. .. Petitioners/Appellants/Respondents
Vs.
Dr.K.Saleem .. Respondent/Respondent/Writ
Petitioner
PRAYER: Review Application filed under Order 47 Rule 1 read with
Section 114 of Civil Procedure Code, praying to review the order dated
14.09.2020, in W.A.(MD)No.772 of 2020 against W.P.(MD) No.21568 of
2019 on the file of this Court.
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Review Application (MD) No.8 of 2021
For Petitioners : Mr.A.K.Manickam,
Standing Counsel for Government
For Respondent : Mr.V.Panneer Selvam
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
Heard Mr.A.K.Manickam, learned Standing Counsel
Government, appearing for the petitioners and Mr.V.Panneer Selvam,
learned counsel for the respondent.
2.This Review Application has been filed by the State
represented by its Principal Secretary, Health and Family Welfare
Department and another to review the judgment and order in Writ Appeal
No.772 of 2020 dated 14.09.2020.
3.The petitioners have referred to Rule 8 of the Tamil Nadu Civil
Services (Discipline and Appeal) Rules and submitted that warning is not
a punishment prescribed under the said Rule. Further, the prayer of the
respondent is to promote him to the post of Principal and no junior of the
respondent has not been promoted as Principal and more than 12 seniors
are still working and they have not been promoted to the post of
principal. Further, it is submitted that the respondent has been imposed
with the minor punishment for the proven lapse of bringing in external
pressure to favour his transfer, thereby violating Rule 18 of the Tamil
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Review Application (MD) No.8 of 2021
Nadu Civil Services (Discipline and Appeal) Rules. The above are some of
the grounds on which the review has been sought for.
4.At the instance of first review petitioner, we cannot consider
the grounds raised in the Review Application. This is so, because, the first
respondent vide G.O.(D) No.588, Health and Family Welfare (D1)
Department, dated 20.04.2021, has dropped the show cause notice dated
27.07.2009, which was the basis for the punishment. Thus, the very basis
for the Review Application does not any longer survive in the light of the
decision taken by the Government in G.O.(D) No.588, Health and Family
Welfare (D1) Department, dated 20.04.2021.
5.In the light of the above Review Application stands dismissed.
Consequently, connected Miscellaneous Petition is also dismissed. No
costs.
[T.S.S., J.] & [S.A.I., J.]
13.07.2021
Index : Yes / No
Internet : Yes / No
sj
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
https://www.mhc.tn.gov.in/judis/
Review Application (MD) No.8 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
sj
To
1.The Principal Secretary,
Health and Family Welfare Department,
State of Tamil Nadu,
Secretariat, Chennai.
2.The Commissioner/Director of Indian
Medicine and Homeopathy,
Arumbakkam,
Chennai.
JUDGMENT MADE IN
Review Application (MD) No.8 of 2021
13.07.2021
https://www.mhc.tn.gov.in/judis/
