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2012 Supreme(Mad) 788

K.N.BASHA
R. Kannapiran – Appellant
Versus
Secretary to Government of Tamil Nadu – Respondent


Advocates Appeared:
For the Petitioner:Mr. G. Thangavel, Advocate.
For the Respondents:R1 & R3, Ms. V.M. Velumani, Special Government Pleader, R2, Mrs. C.N.G. Niraimathi, Advocate.

Judgment :-

1. The challenge in this writ petition is to the order passed by the first respondent dated 30.09.2010, imposing the punishment of cut of of Rs.2,000/-per month from the pension amount to be paid to the petitioner for a period of two years, for the charges framed against the petitioner under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

2. The factual scenario of the case leading to the filing of this writ petition is to be narrated as hereunder:

2.1. The petitioner was working as Senior Civil Surgeon, ESI Hospital, Ayanavaram, Chennai. A surgery was conducted by the petitioner on 08.06.2006 on a patient by name, Tmt.T.Stella, who is the insured person, diagnosed as incisional Hernia. The said patient, Tmt.T.Stella alleged that she was suffering from severe stomach pain, vomiting and head-ache for 5 days. On such complaint of pain, the said Tmt.T.Stella was referred by the petitioner on 13.06.2006 to the Government General Hospital, Chennai for further treatment. On the same day i.e., on 13.06.2006, the said Tmt.T.Stella underwent operation conducted by one Dr.Tamilselvan attached to the Government General Hospital, Chennai as the patient Tm





































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