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2011 DIGILAW 3784 (MAD)

P. Sundari v. Secretary to Government Health and Family Welfare Department Secretariat, Chennai

2011-08-24

D.HARIPARANTHAMAN

body2011
JUDGMENT :- 1. The Original Application in O.A.No.6371 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as the "Tribunal") is the present writ petition. 2. The issue lies in a very narrow compass. The petitioner is an Assistant Civil Surgeon and the Director of Medical Services is the competent Disciplinary Authority as per Rule 11(f) of Tamil Nadu Civil Services (Discipline and Appeal) Rules (hereinafter referred to as "the Rules") to impose a punishment that falls under Rule 8 (iii) of the Rules. In this case, admittedly, the punishment under Rule 8 (iii) of the Rules was imposed by the Tamil Nadu Government, which is the appellate authority under Rule 19 of the Rules. 3. In view of the Judgment of the Hon'ble Apex Court in the case of SurjitGhosh Vs. Chairman & Managing Director, United Commercial Bank and Others reported in (1995) 2 SCC 474 , the impugned order is quashed. The Writ Petition is allowed. No costs.