1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 11.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)Nos.11938 and 11939 of 2011 and M.P(MD)Nos.1 and 1 of 2011 W.P(MD)No.11938 of 2011 R.V.Ramganesh ..Petitioner Vs The Medical Superintendent, Government Rajaji Hospital, Madurai. ..Respondent W.P(MD)No.11939 of 2011 R.Venkatraj ..Petitioner .vs. The Pay and Accounts Office, Pay and Accounts Office, South Masi Street, Near Crime Branch, Madurai-1. ..Respondent Prayer in W.P.No.11938 of 2011: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records pertaining to the impugned order of suspension in Na.Ka.No.12845/N13/1/2011, dated 22.07.2011 on the file of the respondent and to quash the same as illegal. Prayer in W.P.No.11939 of 2011: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records pertaining to the impugned order of suspension in Rc.No.23947/2011/Admn 1 U3, dated 21.07.2011 on the file of the respondent and to quash the same as illegal. For Petitioner :M/s.T.Lajapathi Roy in both W.Ps For Respondent :Mr.T.R.Janarthanan in both W.Ps Spl.Govt.Pleader COMMON ORDER The petitioner in W.P.No.11938 of 2011 has come to this Court aggrieved by the impugned order of suspension passed by the medical Superintendent, Government Rajaji Hospital, Madurai in Na.Ka.No.12845/N13/1/2011, dated 22.07.2011 to quash the same as illegal. 2. The petitioner in W.P.No.11939 of 2011 has come to this Court aggrieved by the impugned order of suspension in Rc.No.23947/2011/Admn 1 U3, dated 21.07.2011 on the file of the respondent and to quash the same as illegal. https://hcservices.ecourts.gov.in/hcservices/ 2 3. As both the writ petitions arose out of a common subject-matter, i.e., common order and the facts narrated in W.P.No.11938 of 2001 are similar to the facts of the case in W.P(MD)No.11939 of 2011, a common order is passed. 4. The learned counsel for the petitioner submits that the petitioner has served as Theatre Assistant in the respondent/Government Rajaji Hospital, Madurai. After his services were regularized, he came in contact with one Srilankan citizen R.Pushpa. After sometime they got married on 06.05.2005. Thereafter, the petitioner's wife went to Lebanon for further carrier and come back to India after six months for her child delivery and a male child was born on 16.05.2006. Since there has been pickering(domestic quarrel) which resulted in mental and physical cruelty every day and She failed to take care of the child and finally she went to Labanon on the 63rd day of son's birth, on her coming back to India on 13.7.2008, she stayed with him only for ten days and again went back to Lebanon. Thereafter she never contacted the petitioner from 16.01.2011. However, on coming back to India once again she put pressure on the petitioner to go with her to Lebanon. As the petitioner refused to accept her request, the petitioner's wife R.Pushpa lodged a false complaint against him and his family members before the All Women Police Station, Thallakulam, as though the petitioner and his family members harassed her physically and mentally by demanding dowry. Resultantly he was arrested under Section 409(A),406 and 506(i) of IPC for matrimonial dispute and that is nothing to do with the service of the petitioner. However, the petitioner finally came on bail. In the meanwhile, without holding any preliminary enquiry by stating the domestic quarrel, which was finally resulted in filing a divorce petition against his wife on the ground of cruelty that is also pending in H.M.O.P.No.489 of 2011 erroneously the respondent passed the suspension order. Aggrieved by the suspension order, the present Writ petition has been filed. 5. Similarly, R.Venkatraj, father of petitioner in W.P.No.11938 of 2011 flled W.P.No.11939 of 2011 with same set of facts, praying for the same relief. 6. The learned counsel for the petitioners submits that the above said narration of facts is result of the trivial and domestic quarrel ensured between the husband and wife and on this baseless ground, an order of suspension cannot be passed by the respondent as the allegation whatsoever levelled by the petitioner's wife R.Pushpa do not have any nexus to the duty discharged by the petitioners in the respondents/office. 7. In reply, the learned Additional Government Pleader appearing for the respondents would submit that though repeated instructions were given to the respondents to file counter affidavit, till date, no material instruction was given to him therefor, hence he pleaded that he was not able to file any counter in both Writ Petitions. 8. Be that as it may, the facts mentioned above goes to show that the petitioner has married R.Pushpa on 6.5.2005. After child birth, there has been continuous domestic quarrels between the petitioner and his wife. As a result, the petitioner's wife made a complaint with the All women Police Station. The allegation made by the petitioner's wife is https://hcservices.ecourts.gov.in/hcservices/ 3 nothing to do with the official work or the duties that has been discharged by the petitioners in the respondent/office. Therefore, I do not find any substance or better reason to place the petitioners under suspension. In that view of the matter, I am constrained to set aside the impugned orders of suspension and accordingly the same is set aside. The respondents concerned are directed to reinstate the petitioners forthwith. 9. With these directions, the Writ Petitions are allowed. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (CO) / True Copy / Sub Assistant Registrar To 1. The Medical Superintendent, Government Rajaji Hospital, Madurai. 2. The Pay and Accounts Office, Pay and Accounts Office, South Masi Street, Near Crime Branch, Madurai-1. +2CC TO MR.T.LAJAPATHI ROY, ADVOCATE SR : 39222 +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR : 39308 Vsn SR : 24.11.2011 : 3p/6c W.P(MD)Nos.11938 and 11939 of 2011 11.11.2011 https://hcservices.ecourts.gov.in/hcservices/