BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 02.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

and

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

W.A.(MD)No.1007 of 2020

S.Ramaiyan ... Appellant

Vs.

1.The Government of Tamilnadu,

Rep.by its Secretary,

Public Health and Welfare Department,

St.George Fort, Chennai.

2.The Director of Medical Education,

Chennai.

3.The Dean,

Thanjavur Medical College Hospital,

Thanjavur. ... Respondents

Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.12615

of 2009 dated 08.03.2019 on the file of this Court.

For Appellant : Mr.MA.Karunanithi

For Respondents : Mr.S.Shaji Bino,

Spl. Government Pleader.

JUDGMENT

(By G.R.SWAMINATHAN, J.)

Heard both sides.

2.The writ petitioner was employed as Record Assistant in Thanjavur Medical College Hospital, Thanjavur. He was charged with having assisted the students of the medical college in committing malpractices in examination in August, 2022. Charge memo was issued on 14.12.2002. The writ petitioner after receiving the charge memo did not deny the charges framed against him. On the other hand, he pleaded guilty and sought forgiveness. Since the nature of misconduct committed by the writ petitioner was too grave to be condoned, the Director of Medical Education, Chennai dismissed the writ petitioner from service vide order dated 13.12.2005. Aggrieved by the same, appeal was filed before the Government. Since the Government did not dispose of the writ petitioner's appeal, he filed a writ petition and obtained a direction for speedy disposal of his appeal. Pursuant to the said direction, the Government vide G.O.(D)No.947 dated 07.08.2008 confirmed the order of punishment imposed on the writ petitioner. Challenging the same, W.P.(MD)No.12615 of 2009 was filed. The learned Single Judge dismissed the writ petition vide order dated 08.03.2019 in the following terms:-

“9.In the case on hand, the petitioners have been charged under Rule 20 of the Tamil Nadu Government Servants' Conduct Rules, 1973, which reads as follows:-

“INTEGRITY AND DEVOTION TO DUTY (1) Every member of the Service shall at all times maintain absolute integrity and devotion to duty and shall do nothing which is unbecoming of a member of the service.

(2) Every member of the Service shall take all possible steps to ensure integrity and devotion to duty by all Government servants for the time being under his control and authority.

3.(i) No Government servants shall in the performance of his official duties or in the exercise of powers conferred on him, act otherwise than in his best judgement except when he is acting under the direction of his official superior.

(ii) The direction of the official superior shall ordinarily be in writing, Oral directions to Subordinates shall be avoided. Where the issue of oral direction becomes unavoidable the official superior shall confirm it in writing immediately thereafter.

(iii) A government servant who has received oral directions from his official superior shall seek confirmation of the same in writing as early as possible, where upon it shall be the duty of the official superior to confirm the direction in writing.

(iv) No Government servant shall, in the performance of his official duties or in the exercise of powers conferred on him evade the responsibility devolving legitimately on him and seek instruction from, or approval, of a superior authority when such instruction or approval is not necessary in the scheme of distribution of powers and responsibilities.

Explanation - A Government servant who habitually fails to perform a task assigned to him within the time set for the purpose and with the quality of performance expected of him shall be deemed to be lacking in devotion to duty within the meaning of sub rule (1).”

10.In service jurisprudence, it is settled law that the onus of proof rests upon the party alleging the invalidity of an order. In other words, there is a presumption that th