The Madurai Bench of the Madras High Court today ruled that Joint Director of Health Services has powers to initiate proceedings, including suspension of Assistant Surgeon, under 17(b) and 17(e) of Tamil Nadu Civil Services (Discipline and Appeal) rules.
Dismissing a petition filed by U Govindraj, Assistant Surgeon of Ramanathapuram Government Headquarters Hospital, Justice K K Sasidharan rejected the contention of the petitioner that the Director of Health services and Family Planning, Director of Medical Education alone are competent to suspend the officers in the cadre of Assistant Surgeon.
"The petitioner omitted to consider the fact that rules provide that they are also competent to suspend all officers meaning there by others (Joint Director) are also completent to take disciplinary action and suspend officers in the cares of Assistant Suregons", the Judge said.
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The Judge said the Government had issued an order delegating powers to authorities directly higher to the members holding the posts to frame charges under rule 17(b).
The government has also issued notification whereby and whereunder it was provided that the authority directly higher to the members holding the posts are having powers to suspend the officers.
The Petitioner submitted that he and his wife were working in the Government Headquarters Hospital in Ramanathapuram. He raised his voice against Hospital Superintendent (in-charge) as he abused his wife in filthy language.
The superintendent gave a "false" report against him and based on that the Joint Director of Ramanathapuram suspended him. He sought to quash the suspencision.