KAUSALYA Vs. DISTRICT HEALTH OFFICER

JUDGEMENT

(1.) In this writ petition, the petitioner challenges the order passed by the Tamil Nadu State Administrative Tribunal (in short ‘the Tribunal’), dismissing her original application wherein she had challenged the order passed by the second respondent dated 30-7-1991. By the instant order, the petitioner was found guilty of all the five charges framed against her and was ordered to be removed from the service with effect from the date of issue of the order. This matter has some peculiar facts.

(2.) The petitioner was working as Health Visitor. She was suspended and was served with a charge-memo for five charges in proceedings RC No.3547/87. She submitted the explanation. The District Health Officer, who was her disciplinary authority, passed the final order on the basis of that explanation on 8-8-1988 and chose only to issue a warning to the petitioner.

(3.) It seems that thereafter the second respondent Director, exercising his suo motu powers, has chosen to review the earlier order and passed the order dated 30-7-1991, enhancing the punishment already granted by the District Health Officer, first respondent. Undoubtedly, before this a show cause notice came to be issued to her on 25-4-1990 in which the petitioner was specifically asked to give reasons as to why a major penalty of removal from service should not be ordered.