Petitioner challenged his dismissal from service as Administrative Officer of a government medical college hospital. The Government subsequently issued G.O.(D).No.1034 setting aside the penalty of dismissal and dropping charges. Nothing survived; writ petition dismissed as infructuous.
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W.P.No.23374 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.07.2024
THE HONOURABLE Ms. JUSTICE P.T. ASHA
W.P.No. 23374 of 2015 & M.P.No. 1 of 2015
A. Ramasamy
… Petitioner
V.s
1.The Government of Tamil Nadu, Rep. By Secretary to Government Health and Family Welfare (1-2) Department, Fort.St.George, Chennai-600 010.
2.The Director of Medical Education, Kilpauk, Chennai – 600 010
3.The Dean, Govt.Mohan Kumaramangalam Medical College Hospital, Salem – 30.
... Respondents
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W.P.No.23374 of 2015
Prayer:
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Certiorarified Mandamus calling for the record relating to the order dated 22.04.2015 made in G.O (D) 524 Health and Family Welfare (1-2) Department passed by the first respondent herein, quash the same and direct the first respondent to restore all terminal benefits to the petitioner.
For Petitioner : Mr. S.Senthilnathan For Respondents : Mr. E.Sundaram Government Advocate
ORDER
The above Writ Petition has been filed challenging the order of
dismissal passed against the petitioner.
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W.P.No.23374 of 2015
“10 The Government examined the case with the connected records relating to the charge framed against Thiru.A.Ramasamy, formerly Administrative Officer, Government Mohan Kumaramangalam Medical College and Hospital, Salem with all the connected records. It has been established that the correspondence between the Dean of the Medical College and the Superintendent of Police regarding the fees for Medical examination and certificate and requesting the Government Orders for exemption clearly shows that absence of mense to make a pecuniary advantage on the part of the delinquent officers The Hon'ble High Court of Madras has considered the entire evidence on records and acquitted the individual beyond reasonable doubt not by giving benefit of doubt, it is considered that applying of preponderance oy probability is inconsistent in this case.
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W.P.No.23374 of 2015
11. The Government accordingly do and hereby order to set aside the penalty of “Dismissal from service” imposed on Thiru.A.Ramasamy, formerly Administrative Officer Government Mohan Kumaramangalam Medical College and Hospital, Salem vide Government Orders sixth read above consequent to the orders of the Hon'ble High Court of Madras in its order eighth read above and also to drop the charges framed against him in the simultaneous departmental proceedings initiated in tre charge memo first read above.
04.07.2024
Index: Yes/No Speaking order/non-speaking order Neutral Citation: Yes/No kan
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W.P.No.23374 of 2015
To
1.The Government of Tamil Nadu, Rep. By Secretary to Government Health and Family Welfare (1-2) Department, Fort.St.George, Chennai-600 010. 2.The Director of Medical Education, Kilpauk, Chennai – 600 010 3.The Dean, Govt.Mohan Kumaramangalam Medical College Hospital, Salem – 30.
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W.P.No.23374 of 2015
P.T.ASHA, J.,
kan
W.P.No. 23374 of 2015
04.07.2024
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1 issue framed by the court
Whether the writ petition survives after the Government set aside the dismissal and dropped the charges.
1 provisions across 1 enactments
A. Ramasamy
The Government of Tamil Nadu, Rep. By Secretary to Government Health and Family Welfare (1-2) Department
The Director of Medical Education
The Dean, Govt.Mohan Kumaramangalam Medical College Hospital, Salem
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
