C GOMATHI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner prays for a Mandamus to direct the Central Bureau of Investigation (C. B. I.) to register a case on the basis of the representations made by the petitioner to the second respondent on 22. 9. 2003 and subsequent representations dated 9. 12. 2003, 5. 1. 2004, 19. 1. 2004, 30. 7. 2004, 11. 11. 2004, 27. 11. 2004 and 29. 11. 2004 to various authorities with copies to the Commissioner of Police, Greater Chennai, and to investigate the case and to submit a report to this Court within a time frame to be fixed by this Court.

(2.) THE petitioner is a Doctor in the service of the State Government. Having regard to the nature of the prayer in the writ petition, namely, to entrust the complaint for investigation by C. B. I. and the nature of the relief which is being finally granted under this order, I do not propose to deal in a detailed manner, the pleadings, arguments, materials and various rulings submitted by both sides. I propose to restrict only to a gist of the pleadings and submissions made by both sides in order to appreciate the essentials of the complaint and the defence by the persons accused of various commissions and omissions. I am also not recording any of my impressions on the contentions by both sides, so that the proposed enquiry should not be diverted or prejudiced.

(3.) ACCORDING to the petitioner, she belongs to Schedule Caste community and with great difficulty, she completed her medical course in the year 1984. Her husband died in a road accident on 6. 6. 1989. She later underwent training in JIPMER, Pondicherry and in the same year, she joined the Government service. In the affidavit, she has given details relating to her service particulars and postings in different places. She alleges that she was transferred to various places in an unreasonable manner and in the year 2000, she was posted as Tutor in Government Kilpauk Medical College Hospital (K. M. C. H.) from 7. 7. 2000 and thereafter as Tutor in Madras Medical College Hospital and again to K. M. C. H. on 24. 7. 2003 as Tutor and as Assistant Professor.