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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mr.Justice G.K.ILANTHIRAIYAN, J
C. Vijayabaskar – Appellant
Versus
State of Tamil Nadu, Represented by its Chief Secretary – Respondent
ORDER :
G.K.Ilanthiraiyan, J.
This Writ Petition has been filed by the petitioner challenging the Hon'ble Thiru.Justice A.Arumughaswamy Commission of Inquiry report dated 23.08.2022 insofar as the petitioner is concerned in paragraph Nos.39.1 to 39.7 and 47.28 thereby the petitioner was found fault with and suggested for investigation is to be ordered.
2.The petitioner is the former Health Minister of the State of Tamil Nadu. He was Minister under the regime of 'the late Chief Minister of Tamil Nadu Selvi.J.Jayalalithaa' (in short hereinafter referred to as 'the late Chief Minister of Tamil Nadu'). While she was functioning as a Chief Minister, she fell ill and was admitted into a private hospital on 22.09.2016. While she was taking treatment, she died on 05.12.2016. The respondent passed an order in G.O.Ms.No.817, Public (S.C) Department dated 25.09.2017 thereby appointing the Commission to inquire into the demise of the late Chief Minister of Tamil Nadu headed by 'the Hon'ble Thiru.Justice A.Arumughaswamy' (in short hereinafter referred to as 'the Commission'), former Judge of this Court.Further, another Government Order passed in G.O.Ms.No.829, Public (S.C) Department, dated 27.09.
The Commission's failure to provide notice and an opportunity to be heard violated natural justice, rendering its findings invalid.
Individuals must be given a fair opportunity to defend their reputation in inquiries where their conduct is questioned.
Point of law: Merely because the petition was maintainable and required lengthy hearing would not automatically invite an interim order. Passing of an interim order and that too in case of such a sen....
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