K VENKATRAMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner challenging the Government Order issued in G.O.(D)No.146, Health and Family Welfare Department, dated 22.2.2008, insofar as paragraphs 6 and 8 are concerned and the consequential charge memo issued by the second respondent in his proceedings dated 6.9.2008.

(2.) THE facts relating to the issuance of the impugned orders are that while the petitioner was working as Assistant Surgeon in the Primary Health Centre, Reddiarpatti, Tirunelveli District, in September, 1989, the petitioner issued a death certificate relating to one Leela Joice, certifying that the death had occurred due to heart attack. THE petitioner was charge sheeted before the Additional Sessions Court, Tirunelveli, on the ground that the death certificate issued by the petitioner was a false one, as in fact, the father-in-law of the said Leela Joice murdered her. THE charge sheet filed before the Criminal Court was under Section 201 IPC. Initially the petitioner was convicted and was sentenced to undergo rigorous imprisonment for two years and a fine of Rs.2,000/- was also imposed in S.C.No.87A/91, by Judgment dated 25.11.1994. THE petitioner filed criminal appeal against the said conviction and sentence in C.A.No.684 of 1994 before this Court and this Court acquitted the petitioner giving benefit of doubt by judgment dated 25.9.2001.

(3.) ON 15.8.2005, the petitioner submitted further representation and requested the respondents to reinstate him without any further delay. Since no action was taken regarding the petitioner's request for reinstatement, he filed W.P.No.11013 of 2006 and challenged the dismissal order dated 23.6.1997 and prayed for reinstatement with all attendant benefits. In the said writ petition, a stand was taken by the respondents that though this Court acquitted the petitioner, he is guilty of dereliction of duty for issuing false death certificate regarding Leela Joice, without examining the body and therefore the Government decided to review the punishment of dismissal under Rule 37 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. Thereafter a decision was taken to reinstate the petitioner in service, with liberty to initiate disciplinary action for dereliction of duty. The final order was passed by the Government through G.O.(D)No.146 Health and Family Department dated 22.2.2008. The said order was passed on the basis of the observation made by this Court in Criminal Appeal Nos.679 and 684 of 1994 dated 25.9.2001 i.e, ordering reinstatement pending disciplinary action contemplated under Rule 17(b) for dereliction of duty.