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2006 Supreme(Mad) 1814

A.P.SHAH, D.MURUGESAN
A. Veeriya Peruma – Appellant
Versus
The Secretary to Government – Respondent


Appearing Advocates:For the Petitioner:M.V. Muralidharan, Advocate. For the Respondent: Raja Kalifulla, Government Pleader.

Judgment :-

D. Murugesan, J.

The appellant joined in the Medical Department on 4.8.66. He was issued with a Charge Memo dated 28.5.99 containing six charges under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules. As all the charges were held to be proved in the enquiry, finally, the Government in G.O.(D) No.1074, Health and Family Welfare (I-1) Department dated 5.10.2004 imposed the punishment of Censure on the appellant. He was also issued with another Charge Memo dated 14.12.99 containing one charge, which was also held to be proved. Finally the Government in G.O.(D) No.214, Health and Family Welfare (I-1) Department dated 17.3.2006 imposed the punishment of Censure. The appellant was also issued with another Charge Memo dated 30.6.99 containing twelve charges. In the enquiry all the charges were held to be proved, as could be seen from the report of the enquiry officer dated 2.2.2002. While the matter was pending before the Government, a clarification was sought regarding the retirement of the appellant on medical invalidation. However, the Government refused to retire the appellant from service on the ground that the orders are to be passed in respect of





















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