K DHANALAKSHMI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE Original Application in O.A.No.4567 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as the "Tribunal") is the present Writ Petition.

(2.) THE petitioner was recruited as Assistant Surgeon in the Tamil Nadu Medical Service on 02.04.1981 through the Tamil Nadu Public Service Commission. She was appointed as Assistant Surgeon at Government Primary Health Centre, Ariyarpalayam, Salem District and also awarded Selection Grade. THE petitioner was posted at Karumandurai, which is a Hill area in Salem District, during 1989. While she was working as Medical Officer in Mobile Medical Unit, Karumandurai, she went on Medical Leave from 01.09.1994 to 27.11.1994 and the leave was subsequently extended periodically. A charge memo dated 21.02.1997 was issued by the third respondent under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules (hereinafter referred to as "the Rules"). THE following two charges were framed:-

(3.) THE petitioner also enclosed the Medical records relating to the surgery underwent by her. However, an enquiry was conducted by the Deputy Director of Health Services, Salem-1. In the enquiry also, she pleaded that in view of the major surgery which she had underwent, she was not able to report for duty, particularly, in the Hill station and her request for transfer to plain areas is still pending with the authorities. THE Enquiry Officer recorded the findings dated 02.03.1999 holding that the charges were proved. THE third respondent sent a memo dated 23.03.1999 enclosing the report of the Enquiry Officer and directed the petitioner to submit her representation thereon. THE petitioner submitted her further representation dated 16.04.1999, reiterating that she was not able to attend duties due to her serious illness and the surgery which she underwent. Her representation is based on her explanation/defence statement dated 20.05.1997.