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S. M. SUBRAMANIAM
R. Iyyammal – Appellant
Versus
Secretary, The Ministry of Health & Welfare, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to consider the case of the applicant and her representation dated 26.02.2015 to modify the dismissal order in to the one of compulsory retirement/VRS.)
1. The relief sought for in the present writ petition is to direct the respondents to consider the case of the petitioner based on her representation dated 26.02.2015, to modify the dismissal order in to the one of compulsory retirement/Voluntary Retirement Scheme.
2. The writ petitioner was appointed as Staff Nurse in the Department of Medical Education on 06.04.1975. The petitioner applied for Passport to Saudi Arabia for taking an appointment in Government Hospital at Saudi Arabia. The tenure of assignment in the year 1986 was for a period of two years. The petitioner submitted an application for 'No Objection' and based on the 'No Objection' granted by the Government, the petitioner went to Saudi Arabia and accepted the appointment in the Government Hospital at Saudi Arabia. The petitioner was relieved from service on 18.08.1986. The period of Extraordinary Leave granted was for
The importance of following disciplinary procedures and the significance of timely challenge to dismissal orders.
The limited scope of Judicial Review in interfering with the quantum of punishment imposed by the Competent Authority.
The Court emphasized the importance of integrity and devotion to duty in Uniformed Services, and held that unauthorized absence, even with medical grounds, may justify dismissal from service.
The discretionary nature of the writ of certiorari and the principles governing its issuance.
The court has the authority to review dismissal orders under Article 226 of the Constitution of India and can set them aside if found to be unsustainable procedurally, in proportionality, and timing ....
A public servant's unauthorized absence can lead to dismissal, even if procedural irregularities exist in the disciplinary process, if the absence is deemed as abandonment of duty.
The main legal point established in the judgment is the application of the principle of proportionality in reviewing the excessive nature of the dismissal order in light of the petitioner's medical c....
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