S NARAYANASWAMY M B B S M D DEPUTY DIRECTOR LEPROSY RETD GOVERNMENT HOSPITAL DINDIGUL Vs. SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT

JUDGEMENT

(1.) THE petitioner has approached this Court by way of writ of Mandamus directing the respondents to dispose of his terminal benefits with interest at the rate of 18% as the disciplinary proceedings initiated against the petitioner during the year 2007 stands automatically quashed as per the direction of this Court passed in W.P.No.15731 of 2009 on 29.09.2009.

(2.) THE case of the petitioner is that he was appointed as Assistant Surgeon in Government Hospital, Udayarpalayam Taluk, Tiruchy on 30.09.1978 and subsequently he was promoted as Deputy Director of Medical Services, Dindigul on 01.11.2000 and he was due to retire on 31.12.2007.

(3.) IN view of the order passed in the above writ petition, the charge memo automatically got quashed as no further order is necessary. The order dated 29.09.2009 is a comprehensive order. To a query, Ms.Sri Devi, learned counsel for the petitioner, with regard to the power of Courts to give direction to conclude the enquiry within a time limit and quashing of charge memo failure to conclude the enquiry in this dead line, the learned counsel submitted that once time limit has been fixed by the Court to conclude the enquiry in the disciplinary proceedings and when there is a order and there is no extention of time, the charge memo or impugned order therein is to be quashed automatically. To support on her contention, the learned counsel produced the following judgments: 1) B. KRISHNAN VS. TAMIL NADU WATER SUPPLY & DRAINAGE BOARD, REP. BY CHAIRMAN, CHENNAI -5 AND ANOTHER (2008) 4 MLJ 776) 2) Unreported judgment - STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, AND ANOTHER VS. T. RANGANATHAN IN W.A.No.1478 OF 2008 AND 266 OF 2009 3) RAMRAO RAMACHANDRA DATIR V. STATE OF MAHARASHTRA (2005 II LLJ) 4) DR.N.SHAHIDA BEGUM V. STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, CHENNAI AND ANOTHER (2006)2 MLJ 143)