M.Fathima Bee vs The Dean
2021 Latest Caselaw 14947 Mad

                                                                                  WP.No.15493/2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 27.07.2021

                                                           CORAM:

                                     THE HONOURABLE MR.JUSTICE S.S.SUNDAR

                                                   WP.No.15493/2021

                                                  [Video Conferencing]

                    M.Fathima Bee                                                 .. Petitioner
                                                            Vs.

                    The Dean
                    Rajiv Gandhi Government General
                    Hospital, Chennai 600 003.                                    .. Respondent

                    Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
                    praying for issuance of a writ of certiorarified mandamus calling for the
                    records on the file of the respondent in Na.Ka.No.018886/rpkgp/2020 dated
                    21.05.2021 and quash the same as illegal and consequently direct the
                    respondent to revoke the suspension order and restore the petitioner as
                    laboratory technician in Rajiv Gandhi Government General Hospital,
                    Chennai.

                                       For Petitioner             :   Mr.K.Balamurugan
                                       For Respondent             :   Mr.C.Kathiravan
                                                                      Government Advocate

                                                           ORDER

1. By consent, the writ petition is taken up for final disposal and

disposed of by this order.

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2. Mr.C.Kathiravan, learned Government Advocate accepts notice on

behalf of the sole respondent.

3. The present writ petition is filed seeking to quash the order of the

respondent dated 21.05.2021 with a direction to the respondent to

revoke the suspension order and to reinstate the petitioner as

Laboratory Technician in the respondent-Hospital.

4. The petitioner, while working as laboratory Technician in the

respondent-Hospital, was found to be involved in a case of theft of a

mobile phone. Pursuant to the registration of the criminal case in

Crime No.73 of 2020, the petitioner was arrested and remanded to

judicial custody on 06.10.2020. The petitioner was suspended from

service by an order dated 08.10.2020 under Rule 17[3] of the Tamil

Nadu Civil Services [Discipline and Appeal] Rules. The petitioner

challenged the order of suspension before this Court by filing

WP.No.20193 of 2020 and the said writ petition was disposed of

vide order dated 04.01.2021 and the operative portion of the said

order reads thus:-

''6.In fine, this Court expects the respondent to frame charges and proceed with the departmental enquiry

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and bring the issue to a logical end within a period of six months from the date of receipt of a copy of this order. The petitioner shall not stall the proceedings in any manner and cooperate with the enqiry.

This writ petition is disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed.''

5. After the disposal of the above writ petition, a charge memo has

been issued by the respondent vide impugned proceedings dated

21.05.2021 and challenging the same on the ground of delay, the

present writ petition is filed by the petitioner.

6. The learned counsel for the petitioner would submit that this Court

has fixed the outer time limit of six months to conclude the

disciplinary proceedings in its' earlier order dated 04.01.2021 from

the date of receipt of a copy of the said order. It is the contention of

the learned counsel for the petitioner that since the earlier order was

passed only on 04.01.2021, the charge memo was issued on

21.05.2021 and the said act of the respondent in violating the order

of this Court dated 04.01.2021 in passing the impugned order before

even completion of the enquiry is unsustainable and should be

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quashed and hence, prays for interference of this Court.

7. This Court heard the submissions of the learned Government

Advocate appearing for the respondent and perused the materials

placed.

8. Absolutely there is no substance in any of the submission made by

the learned counsel for the petitioner. Firstly, there was no direction

by this Court to initiate and conclude the departmental enquiry

within a period of six months as contended by the learned counsel

for the petitioner. From the nature of the order passed by this court,

it is seen that this Court only expected the respondent-Hospital to

frame charges and proceed and complete the departmental enquiry to

its logical end within a period of six months. The time limit is only

tentative and the charge memo, impugned herein, cannot be

questioned now on the basis that it is in violation of the earlier order

of this Court. Secondly, the petitioner is guilty of serious offence.

Though the petitioner has questioned the charge memo, the

petitioner relied upon few judgments which have no relevancy to

quash the present charge memo and to interfere with the order of

suspension. The learned counsel for the petitioner repeatedly made

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submission that the petitioner was wrongly implicated in the

criminal case. Since the charge memo has not been filed pursuant to

the registration of the complaint, the learned counsel suggested that

all departmental proceedings initiated against the petitioner, is not

sustainable.

9. Having regard to the prayer in the writ petition, this Court is not

inclined to go outside the purview of the writ petition. The writ

petition challenging the charge memo is not maintainable unless the

charge memo is issued by a person without authority or competent

or other grounds which would invalidate the charge memo.

10. Having regard to the scope of judicial review and the fact that there

is no special circumstances warranting interference of this Court in

this case, this Court is of the view that the writ petition lacks merit

and substance.

11. Accordingly, the writ petition stands dismissed. No costs.

27.07.2021 AP Internet : Yes

WP.No.15493/2021

S.S.SUNDAR, J.,

AP To

The Dean Rajiv Gandhi Government General Hospital, Chennai 600 003.

WP.No.15493/2021

27.07.2021