IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.08.2011 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.7467 of 2007 Dr.P.Sundari ... Petitioner Versus The Secretary to Government Health and Family Welfare Department Secretariat, Chennai - 9 ... Respondent PRAYER: This Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.6371 of 2002 from the file of Tamil Nadu Administrative Tribunal praying to call for records on the file of the respondent herein in connection with G.O.(D) No.1048, Health and Family Welfare Department, dated 01.07.2002 and to quash the same. For Petitioner : Mr.R.Singaravelan For Respondent : Mr.M.C.Swamy Special Government Pleader O R D E R 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 Surjit Ghosh Vs. Chairman & Managing Director, United Commercial https://hcservices.ecourts.gov.in/hcservices/ Bank and Others reported in (1995) 2 SCC 474, the impugned order is quashed. The Writ Petition is allowed. No costs. Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar smn To The Secretary to Government Health and Family Welfare Department Secretariat, Chennai - 9 1 cc To Mr.R.Singaravelan, Advocate, SR.52744 W.P.No.7467 of 2007 jp(CO) RH (8.9.11) https://hcservices.ecourts.gov.in/hcservices/