COMMON ORDER

By consent, these writ petitions are taken up for final disposal. For the sake of convenience, the array of parties in W.P.No.6737 of 2022 is adopted.

2. W.P.No.4594 of 2022 has been filed challenging the impugned order of suspension passed by the second respondent in Ref.No.12999/SC1/1/2022 dated 17.02.2022, with a prayer to quash the same and consequently, direct the respondents to reinstate the petitioner in service with all service and monetary benefits forthwith. W.P.No.6737 of 2022 has been filed challenging the consequential order of ratification passed by the first respondent in G.O.(D) No.234, Health and Family Welfare (I-1) Department dated 09.03.2022, with a prayer to quash the same and consequently, direct the respondents to reinstate the petitioner in service with all service and monetary benefits forthwith

3. The case of the petitioner, briefly narrated, are as follows:

3.1.The petitioner initially joined service as Assistant Surgeon by an order dated 10.02.1992 and on successful completion of M.S. Degree and M.Ch., in Oncology, he was posted as a Senior Assistant Professor of Surgical Oncology. The petitioner's name was included in the panel for promotion to the post of Associate Professor of Surgical Oncology, vide G.O.(D)No.569, Health and Family Welfare Department dated 04.06.2013. An amendment was issued to the said Government Order in G.O.(D) No.695, Health and Family Welfare Department dated 01.07.2013, by virtue of which the petitioner was appointed as Associate Professor of Surgical Oncology, Government Kilpauk Medical College and Surgical Oncologist, Institute of Non-Communicable Diseases and Government Royapettah Hospital, Chennai in the existing vacancy.

3.2. By Government Order in G.O.(D)No.1519, Health and Family Welfare Department dated 31.10.2016, the petitioner was transferred and posted as Professor of Surgical Oncology, Government Kilpauk Medical College and Surgical Oncologist, Government Royapettah Hospital, Chennai in the retirement vacancy of one Dr.R.Rajaraman. The petitioner would point out at this juncture that his appointment orders as Professor were issued by the Principal Secretary to Government, Health and Family Welfare Department, by order of the Governor and a mere perusal of the letter of the second respondent in Ref.No.68967/E1/1/2016 dated 31.10.2016 would reveal that the role of the second respondent was only to communicate the decision taken by the Government in respect of the petitioner.

3.3. The petitioner states that he had performed more than 5000 major cancer surgeries successfully, which include more than 500 advanced laparoscopic cancer surgeries, which is unique in the entire State Government service. That apart, he had authored 97 scientific journal publications and as many as, 163 Cancer Specialists Doctors from the international medical fraternity, have cited his articles in their scientific journal publications.

3.4. While so, to his shock and surprise, all of a sudden, the second respondent has passed an order of suspension in proceedings in Ref.No.12999/SC1/1/2022 dated 17.02.2022 on the alleged ground that complaints and reports against him is contemplated for his association with political organisation, political statement, activities and propaganda expressing disloyal sentiments which is violative of Rule 14 of the Tamil Nadu Government Servants Conduct Rules. Hence, the petitioner was placed under suspension by invoking Rule 17(e) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, until further orders pending enquiry. Challenging the order of suspension passed by the second respondent dated 17.02.2022 and the consequential order of the first respondent in G.O.(D)No234, Health and Family Welfare (I-1) Depart dated 09.03.2022, ratifying the order of suspension passed by the second respondent, the petitioner has filed the present writ petitions.

4. Mr.Vijayanarayan, learned Senior Counsel for the petitioner made the following submissions:

(i) Th