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2025 Supreme(Online)(Mad) 67652

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.SURENDER, J
Dr.(Sqn.Ldr) S.B.Rajesh Ram – Appellant
Versus
The State of Tamil Nadu Represented by its Secretary Health and Family Welfare Department – Respondent


Advocates:
For the Appellants/Petitioners: Mr.C.S.K.Sathish
For the Respondents: Mr.E.Sundaran

Table of Content
1. entitlement to service benefits after disciplinary action review (Para 1 , 2 , 3 , 4)
2. arguments regarding duty of care and procedural obligations (Para 5 , 6 , 7 , 8)
3. charges assessed as baseless and indicative of malice (Para 9 , 11)
4. writ petition outcome reflecting justified quashing of unsubstantiated charges (Para 12 , 13)

ORDER

The present writ petition has been filed seeking to quash the impugned order of the first respondent dated 23.11.2015 in Ref. No.G.O.(D) No.1465, Health and Family Welfare (K2) Department, and to direct the respondents to grant the petitioner the monetary and service benefits due to him in accordance with law.

2. Brief facts of the case are that the petitioner who was serving as Assistant Surgeon in Government Head Quarters Hospital at Kumbakkonam, had attended to a patient with burn injuries on 30.09.2011. Initially, a dying declaration was recorded by the jurisdictional Magistrate. Thereafter, a second dying declaration was sought to be recorded by the father of the victim. Accordingly, the petitioner addressed a call-memo to the learned Judicial Magistrate requesting to record the second dying declaration, and as per the procedu

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