The High Court dismissed a writ petition challenging an order imposing stoppage of increment for two years with cumulative effect on a staff nurse. The court upheld the disciplinary authority's finding that the petitioner was guilty of accepting bribes.
Writ petition dismissed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.19724 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
W.P.No.19724 of 2016
1.Smt.M.Parvathy (Deceased)
2.M.Ezhumalai
(P2 substituted as the legal heir of the deceased p1 vide order dated 19.03.2024 made in WMP.4633/2024 in WP.19724/2016 by DNRJ)
... Petitioners
Vs.
...Respondents
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Prayer:-
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 of the 1st respondent relating to the impugned order dated 03.02.2016 under G.O.(D) 210, which was signed on 15.02.2016 and was served on the petitioner only on 11.04.2016 through the 3rd respondent vide letter Ref.No.Na.Ka.No.1698/C.Ka/2016 dated 31.03.2016 and quash the same and consequently direct the respondents to give all adequate promotional and seniority benefits to the petitioner retrospectively.
For Petitioner : M/s.M.Kempraj
: For Respondents (for R1 to R3) :Mr.E.Sundaram, Govt. Advocate.
O R D E R
The above Writ Petition is filed challenging the order dated 03.02.2016 passed by the 1st respondent in and by which the 1st respondent had imposed a punishment of stoppage of increment for 2 years with cumulative effect on the petitioner.
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have in turn been forced to give the complaint under the threat by the Inspector of Police, one Mr.Joy Dayal who had acted on the instigation of the Medical Officer of the Hospital.
would submit that during the cross examination before the Principal
Secretary/Commissioner for Disciplinary Proceedings, Chennai, the
W.P.No.19724 of 2016
witnesses had turned hostile and stated that they had not given any complaint. The Principal Secretary/Commissioner for Disciplinary Proceedings, Chennai after recording this denial had however given a finding that charges (iii and v) were found proved against the petitioner.
Proceedings, Chennai was served on the petitioner vide communication dated 18.12.2012 which was signed by the Superintendent on 05.11.2012, calling upon the petitioner to submit his representation within a period of 15 days from the date of receipt of the communication.
respondent dated 25.01.2014 was served on her by the 3rd respondent vide communication dated 20.05.2014. On a perusal of the said order,
it appears that the 2nd respondent had confirmed the findings of the Commissioner for Disciplinary Proceedings and had imposed a
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punishment of stoppage of increment for two years with cumulative
effect. In the said order, liberty had been granted to the petitioner to prefer a statutory appeal before the 1st respondent herein within a period of two months from the date of the order.
a statutory appeal against the order passed by the 2nd respondent before the 1st respondent. However, despite receiving the appeal it was not taken up for enquiry for over 2 years which constrained the petitioner to seek a mandamus from this Court for the disposal of the appeal within a fixed time frame in W.P.No.9177 of 2016. This Court
by order dated 11.03.2016 was pleased to direct the 1st respondent to dispose of the appeal within a period of 8 weeks from the date of receipt of the copy of the order. Thereafter, the 1st respondent had hurriedly passed the impugned order confirming the order passed by the 2nd respondent’s and it is this order that has been challenged in the instant Writ Petition.
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that the allegations against the petitioner was that she was in the habit of demanding and accepting bribes for showing the newly born babies to their parents and relatives. There were 6 such incidents. Therefore,
since the complaint had been received, the 1st respondent had directed the Commissioner, Tribunal for Disciplinary Proceedings, Chennai to conduct an enquiry against the petitioner in respect of these allegations under Section 17(b) of the Tamil Nadu Civil Services (Disciplinary Proceedings for Tribunal) Rules, 1955.
had thereafter framed charges against the petitioner charging her with official misconduct and misdemeanor and for failure to maintain absolute integrity and devotion to duty which was violative of Rule 20 of the Tamil Nadu Government Servants Conduct Rules, 1973. This charge memo was served on the petitioner on 21.11.2008. However,
she did not submit her defence statement to the charges. The
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disciplinary enquiry was started on 13.10.2010 and concluded on
01.03.2011 by the Commissioner for Disciplinary Proceedings,
Chennai and she submitted her enquiry report to the 1st respondent holding the petitioner guilty of charges 3 and 5 and partly in respect of the other charges. Against the said order, the Writ Petition has been filed.
only after examining the records properly and the statements of the witnesses. Two charges have been found against the petitioner and it
clearly shows that the petitioner is guilty of accepting bribes.
has not shown the newly born baby to the parents and relatives without them giving her a bribe. Some of the persons who have been affected have lodged a complaint with the respondents. Though most
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of the witnesses have turned hostile, however, a perusal of the cross examination of one Nogorebee who was one of the complainants and whose deposition is filed in the typed set of papers filed by the petitioner has stated that the petitioner had come to visit her 10 days prior to the evidence being recorded. This clearly shows that the petitioner had attempted to interfere in the proceedings. One of the witnesses reiterated the contention that the petitioner had accepted a bribe.
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06.06.2024
(shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No
To
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P.T. ASHA. J.,
(shr)
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06.06.2024
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2 issues framed by the court
Whether the statutory appeal against the disciplinary punishment imposed on a staff nurse should be dismissed.
Whether the confirmation of the punishment order by the reviewing authority was sustainable.
Smt. M. Parvathy (Deceased)
M. Ezhumalai
The Secretary to Government, Health and Family Welfare Department
The Director of Medical and Rural Health Services, Chennai
The Joint Director of Health Services, Kancheepuram District
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
