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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR, J
Dr.E.Subbarayan – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. disciplinary proceedings based on allegations of misconduct against a medical officer. (Para 1 , 2 , 3) |
| 2. inquiry conducted without key witness examination and deficient adherence to due process. (Para 4 , 5) |
| 3. mandatory procedures in disciplinary inquiries must be observed to ensure fairness. (Para 6 , 7 , 17) |
| 4. the lack of robust evidence supporting charges undermines the validity of dismissal. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
ORDER
The petitioner herein, while working as a Medical Officer Primary Health Centre, Jamuna Maruthur, Thiruvannamalai was subjected to disciplinary proceedings under Rule 17 (b) of “the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955” (hereinafter referred to as “the Rules 1955”) by issuing a charge memo bearing R.No.4934/PHC3/A3/2003 dated 31.03.2004, containing three charges. The said charges read as under:
“Charge No. I That the said Dr. E. Subbarayan, while functioning as Block Medical Officer, Primary Health Centre, Kedar, Villupuram District had not claim and paid the eligible salary to Dr. Rajakannan, Medical Officer Prim Health Centre, Kaanai, who was working under his control. In performance of his official
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