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2024 Supreme(Online)(MAD) 41022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2024 CORAM THE HONOURABLE MS JUSTICE R.N.MANJULA W.P.(MD)No.12742 of 2024 and WMP(MD)Nos.11346 & 11347 of 2024 V.R.Eswara Raman ... Petitioner Vs.

1. The Director, Directorate of Public Health and Preventive Medicine, No. 359, Annasalai, DMS Complex, Teynampet, Chennai - 06.

2. The Deputy Director/ District Health Officer, Office of the Deputy/ Director, Viswanathapuram, Madurai.

3. The Block Medical Officer, Primary Health Centre, Kallandiri, Madurai District.

4. Dr. Kumarakurubaran,, District Health Officer, Office of the District Health Officer, Viswanathapuram, Madurai. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari calling for the entire records connected with the charge memo in Na.Ka.No. 833/ A2/ 2024 dated 04.04.2024 and subsequent order in Na.Ka.No. 833/ A2/ 2024 dated

07.05.2024 issued by the respondent No. 2 and quash the same.

For Petitioner : Mr.S.Malaikani For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

The present writ petition has been filed seeking a Writ of Certiorari to quash the charge memo in Na.Ka.No. 833/ A2/ 2024 dated 04.04.2024 and subsequent order in Na.Ka.No. 833/ A2/ 2024 dated

07.05.2024 issued by the 2nd respondent.

2. Heard Mr.S.Malaikani, learned counsel for the petitioner and Mr.J.Ashok, learned Additional Government Pleader for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner has not been given with sufficient opportunity by providing him the copies of the documents required by him in order to enable him to make an effective defence and hence, the charges are liable to be quashed.

4. Earlier, the very same petitioner filed W.P(MD)No.10017 of

2024 wherein he has challenged the very same charge sheet and the same was dismissed by an order of this Court dated 24.04.2024. Even in this case, for the same request given by the petitioner seeking certain documents, the second respondent has given a reply stating that the charges have been given on the basis of materials collected from bio- metric attendance Register and the manner in which the Primary Health Centre has been handled. If the petitioner has sought for the documents which cannot be given, it is always open to the petitioner to peruse those documents at the time when they are produced.

5. However, in the Annexure No.3 attached to the charge sheet it is seen that the following documents are listed as the department side documents.

" Mjhukhd Mtz';fspd; gl;oay;:

.

1tl;lhu kUj;Jt mYtyh;. Muk;g Rfhjhu epiyak;. fs;se;jphp. e/f/vz;/97-

m1-2024. ehs;/30/01/2024/

2/ ,t;tYtyf e/f/vz;/833-m2-2024.

ehs/27/02/2024 M

3/ jpU/ /uhn$e;jpud;. ,e;jpa fk;a{dp!;l;.

ah/xj;jf;fil efh; bghWg;g[. kJiu mth;fspd;

g[fhh; tpz;zg;g ehs;/21/03/2024/

4/ xj;jf;fil Muk;g Rfhjhu epiya Biometric "

tUifg;gjpntL/

6. So the 2nd respondent shall furnish the copies of those documents at the relevant point of time and the copy of Sl.No.4 pertaining to the relevant period, before fixing the enquiry date.

7. With these observations, this writ petition is closed. No Costs.

The respondents shall consider and pass orders within a period of two weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.

14.06.2024 NCC :yes/no Index :yes/no Internet: yes/no PJL To

1. The Director, Directorate of Public Health and Preventive Medicine, No. 359, Annasalai,DMS Complex, Teynampet,Chennai - 06.

2. The Deputy Director/ District Health Officer, Office of the Deputy/ Director, Viswanathapuram,Madurai.

3. The Block Medical Officer, Primary Health Centre, Kallandiri,Madurai District.

4. Dr. Kumarakurubaran, District Health Officer, Office of the District Health Officer, Viswanathapuram, Madurai.

R.N.MANJULA, J.

PJL

14.06.2024

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