S M THIRUNAVUKKARASU Vs. DIRECTOR OF MEDICAL AND RURAL HEALTH SERVICES AND JOINT DIRECTOR OF MEDICAL, RURAL HEALTH SERVICES AND FAMILY WELFARE

JUDGEMENT

(1.) The Petitioner has come forward with the present writ petition to challenge the order passed by the Respondents dated 23.11.2006. By the impugned order, the Petitioner was informed that during the transfer period from 28.6.2005 to 25.11.2005, he had applied for leave and also availed leave. Since during the transfer period, he had availed leave, his request made pursuant to the application dated 16.12.2005 to treat the leave as duty period cannot be considered. It was also stated that the leave period availed by him were not certified by the Medical Board for Theni district. He will be only allowed leave to which he is eligible for.

(2.) The brief facts leading to the case are as follows:

(3.) Notice was ordered by this Court on 24.03.2008. After getting notice, the 1st Respondent Director of Medical and Rural Health Services, Chennai has filed a Counter affidavit dated 21.04.2008 together with the supporting documents. In the Counter affidavit in paragraph No. 7, it was stated that the question of treating his leave as duty period will not arise as the writ petition was pending. Even otherwise, it was stated that the Petitioner came to be transferred in view of a complaint received against him for violation of the provisions of Sections 6A and 6B of the Prenatal Diagnostic Techniques (prohibition and selective sex) Act, 1994, wherein, he conducted a test for the purpose of determining the sex identification of the foetus, which is also a criminal offence and a charge under Rule 17 (a) has also been framed against him.