Madras High Court
T.S.Vasudevan vs The Dean on 29 March, 2022
W.P.Nos.25389 and 35392 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.Nos.25389 and 25392 of 2021
and WMP.Nos.26812 &26813 of 2021
T.S.Vasudevan .. Petitioner in W.P.No.25389 of 2021
V.Krishnamurthy .. Petitioner in W.P.No.25392 of 2021
vs.
The Dean,
Government Stanley Hospital,
Chennai-600 001. .. Respondent in both W.Ps.
Common 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 pertaining to the impugned proceedings in
Ref.No.006875/E2/2/2021-1 dated 04.06.2021 on the file of the respondent
and quash the same and direct the respondent herein to reinstate the
petitioner into service with all consequential service benefits including
arrears, salary and allowances applicable to the petitioner.
For Petitioners : Mr.S.Nagarajan
For Respondent : Mr.A.M.Ayyadurai,
Government Advocate
https://www.mhc.tn.gov.in/judis
W.P.Nos.25389 and 35392 of 2021
COMMON ORDER
The petitioners, challenging the impugned order of suspension dated
04.06.2021 passed by the respondent, has filed the present writ petitions.
2. The case of the petitioners is that on a private complaint given by
one T.Veerasekaran, who was a retired employee of Stanley Hospital,
criminal case was registered against the petitioners under Section 138 of the
Negotiable Instruments Ac, which culminated into STC Nos.2391and 2392
of 2016 on the file of the Judicial Magistrate Court at Tiruvottiyur. The Trial
Court convicted the petitioners and sentenced them to undergo 6 months
imprisonment and also awarded compensation of Rs.21/- Lakhs and Rs.24/-
lakhs respectively, in default to undergo one month imprisonment.
Challenging the conviction and sentence, the petitioner preferred Criminal
Appeals before the District and Principal Sessions Court, Tiruvallur in
C.A.Nos.64 and 65 of 2021 and the said criminal appeals were admitted on
04.10.2021 and the sentence was suspended on condition that the petitioners
to deposit 20% of the cheque amount within one month. In compliance of
the conditional order passed by the lower Appellate Court, the petitioners
deposited Rs.4,20,000/- and Rs.4,80,000/- being 20% of the complainant's
claim amount on 20.10.2021 and 08.11.2021 before the Judicial Magistrate
https://www.mhc.tn.gov.in/judis
W.P.Nos.25389 and 35392 of 2021
Court, Tiruvottiyur. Based on the judgment of conviction and sentence, the
petitioners were placed under suspension vide order dated 04.06.2021.
3. Thereafter, the respondents conducted disciplinary proceedings and
issued a show cause notice dated 23.07.2021 under Rule 17(c)(i)(1) of the
Tamil Nadu Civil Services (Discipline & Appeal) Rules, calling for
explanation for the proposal to impose the major penalty of removal from
service, for which the petitioners have submitted their explanation dated
06.08.2021. Subsequently, on 30.08.2021, the respondent issued a Charge
Memo under Rule 17(b) of the Tamil Nadu Civil Services (Discipline &
Appeal) Rules, for which the petitioners submitted detailed explanation dated
20.09.2021 specifically denying the charges. Challenging the impugned
order of suspension dated 04.06.2021, the petitioners have filed the present
writ petitions.
4. The respondent has filed a detailed counter affidavit, wherein it has
been stated that pursuant to the issuance of charge memo, an Enquiry Officer
was appointed and he had concluded enquiry and submitted a report holding
that charges are proved and final orders based on the enquiry report will be
https://www.mhc.tn.gov.in/judis
W.P.Nos.25389 and 35392 of 2021
will be issued shortly. It is further stated in the counter affidavit that order of
removal from service is ready and will be issued immediately.
5. Heard the learned counsel for the parties and perused the materials.
6. In view of the stand taken by the respondent in the counter affidavit
that enquiry officer had concluded that the charges are proved against the
petitioners and final orders based on the enquiry report will be issued shortly
and that order of removal from service is ready to be served on the petitioners
and it will be issued shortly, the Writ Petitions stand dismissed. It is made
clear that the respondents shall pass final orders in the disciplinary
proceedings at the earliest. It is open to the petitioners to seek their remedy
before the authorities concerned, depending upon the judgment to be passed
by the lower Appellate Court in the pending criminal appeals. No costs.
Consequently, connected miscellaneous petitions are also dismissed.
29.03.2022
Index : Yes / No
Internet : Yes / No
Jvm
To
https://www.mhc.tn.gov.in/judis
W.P.Nos.25389 and 35392 of 2021
The Dean,
Government Stanley Hospital,
Chennai-600 001.
D.KRISHNAKUMAR. J
https://www.mhc.tn.gov.in/judis
W.P.Nos.25389 and 35392 of 2021
Jvm
W.P.Nos.25389 and 25392 of 2021
29.03.2022
https://www.mhc.tn.gov.in/judis
