Madras High Court
Dr.Valampuri Selvan vs The Director Of Public Health And on 13 April, 2022
1 W.A.No.815 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2022
Coram
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MRS.JUSTICE N.MALA
W.A.No.815 of 2022
and CMP.Nos.5539 & 5317 of 2022
Dr.Valampuri Selvan ...Appellant
-vs-
1. The Director of Public Health and
Preventive Medicine
Teynampet, Chennai 600 006.
2. The Deputy Director of Health Services
Cuddalore,
Cuddalore District. ...
Respondents
Prayer: Writ appeal is filed under clause 15 of the Letter Patent
praying to allow the Writ Appeal and set aside the order dated 16.03.2022
in W.P.No.1947 of 2022.
For Appellant : Mr.S.Ayyathurai
For Respondents : Mr.Abishek Murthy
Government Advocate
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2 W.A.No.815 of 2022
JUDGMENT
S.VAIDYANATHAN, J.
&
N.MALA, J.
Instant Writ Appeal is directed against the order dated 16.03.2022
made in W.P.No.1947 of 2022, by which there was a direction issued for
consideration of transferring the Writ Petitioner to a nearby District.
2. It is the case of the Writ Petitioner that he was appointed as
Assistant Surgeon in the year 2008 and based on a complaint lodged by one
Vasugi, Village Health Nurse, an FIR came to be registered against him in
Crime No.798 of 2021 by the Inspector of Police, Veppur Police Station,
Cuddalore District for the offences punishable under Section 294 (b) r/w
Section 3 (20 (va) of the Schedule Caste and Schedule Tribe (Prevention of
Atrocities) Act. The 2nd respondent had also initiated disciplinary
proceedings under Section 17(b) of the Tamil Nadu Civil Services
(Discipline and Appeal) Rules and no opportunity was afforded to the Writ
Petitioner to submit his explanation. On 22.12.2021, the 1st respondent
passed an order, transferring the Writ Petitioner from Cuddalore District to
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Nagapattinam District, which will cause a stigma on the charged issued to
him. It is further case of the Writ Petitioner that the order of transfer is
punitive in nature and therefore, the Writ Petitioner filed the writ petition, in
which the aforesaid direction was issued.
3. The learned counsel for the Writ Petitioner / Appellant vehemently
submitted that the first respondent, instead of proceeding with the
disciplinary proceedings issued under Section 17(b) of the Tamil Nadu Civil
Services (Discipline and Appeal) Rules, initiated by the second respondent
against the Writ Petitioner, has passed the order of transfer transferring him
from Cuddalore to Nagapattinam District. The order of transfer has been
passed only to victimize the Writ Petitioner. It is further submitted that even
though the order of transfer is passed due to administrative reasons, there is
no administrative exigency warranting the transfer of the petitioner from
Cuddalore District to Nagapattinam District. The appellant has been posted
in the present station, namely, Cuddalore District just one year before and
even before completion of three years, the impugned order of transfer has
been passed and it is causing hardship to the petitioner personally to shift
his family. Moreover, the case in Crime No.798 of 2021 registered against
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the Appellant was also closed as Mistake of Fact by the Investigating
Officer, namely, concerned DSP. Therefore, the present order of transfer is
not warranted and it is liable only to be interfered with by this Court. As
there are many vacancies available in Cuddalore District, the appellant has
given a representation dated 06.04.2022, requesting to post him in
Cuddalore District itself.
4. The learned Government Advocate appearing for the respondents
submitted that the respondents are prepared to consider the appellant's
representation dated 06.04.2022 and to pass suitable orders thereon.
5. Heard both sides.
6. It is seen that the entire issue revolves around the complaint
lodged by one Vasugi, Village Health Nurse and though the said complaint
culminated into an FIR, subsequently, the case was closed as a Mistake of
Fact. However, in the meanwhile, the reputation earned by the Appellant has
been completely tarnished on account of the complaint lodged and to add
fuel to the fire, he was also transferred to a far off place, in addition to
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issuance of charge memo against him. A cursory look at the Enclosure No.4
to the Charge Memo reveals that there is no witness to the allegations
levelled against the Appellant herein. It is seen that the appellant has been
posted at Government Primary Health Centre, Mugaiyur, Villupuram Health
Unit District, which according to the appellant is 130 Kms away from the
present place of work, namely, Nallur Block, Cuddalore Health Unit,
Cuddalore District. He has already sent a representation dated 06.04.2022 to
the respondents for posting him in the very same station in Cuddalore
District.
7. Mr.Abhishek Moorthy, learned Government Advocate fairly
submitted that though the distance between Cuddalore and Villupuram is
only 60 Kms, the respondents have no objection in considering the request
of the appellant, viz., posting him in the same station, which, of course will
be in accordance with norms prescribed for transfer / request transfer.
8. A circumspection of the facts and circumstances of the case shows
that there was no witness to depose against the Writ Petitioner and the
criminal case was also closed as Mistake of Fact. Hence, this Writ Appeal is
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disposed of with a direction to the first respondent / the Director of Public
Health and Preventive Medicine Teynampet, Chennai-6 to take a decision on
the appellant's representation dated 06.04.2022, within a period of two
weeks from the date of receipt of a copy of the judgment, bearing in mind
what is stated hereinabove and till such time, we direct the respondents not
to precipitate the Disciplinary Proceedings against the appellant.
9. Of late, several frivolous and false complaints of this nature are
mushrooming, by invoking the provisions of SC/ST Act, on account of
which, the real intent of the said provision gets diluted and in case the
respondents find that the complaint has been lodged in order to defame the
Appellant, it is open to them to initiate departmental action against Vasugi,
Village Health Nurse, so that it will be a lesson for others to think twice
before making false allegations against someone. No costs. Consequently
connected miscellaneous petitions are also closed.
(S.V.N.J.,) (N.M.J.,)
08.04.2022
Speaking order/Non-speaking order
Index: Yes/No
Internet: Yes/No
dpq
Note: Issue order copy on 25.04.2022
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S.VAIDYANATHAN, J.
and
N. MALA, J.
dpq
W.A.No1022 of 2022
08.04.2022
https://www.mhc.tn.gov.in/judis
