2021 (5) TMI 997 - HC - Indian Laws

Suspension of petitioner who was serving as Assistant Registrar in Tamil Nadu Medical Council - failure to produce basic qualification certificate - HELD THAT - This Court finds that due to current Covid-19 situation and the other difficulties expressed by the petitioner herein in getting his S.S.L.C certificate from the 3 rd respondent, the last date to submit his written submission has to be extended so as to give him fair opportunity to defend his case. At the same time, the document which are sought by the petitioner herein vide letter dated 12.04.2021, whether it is relevant or not, it is for the delinquent to decide and not the management. Therefore, whatever documents sought by the petitioner has to be permitted for perusal by the petitioner, provided it is available with the 1 st respondent. The time fixed by the 2 nd respondent/Registrar, Tamil Nadu Medical Council under impugned communication dated 19.05.2021 is extended upto 30.06.2021. Petition disposed off.

Summary

Issues:
1. Writ of Certorarified Mandamus sought to quash the communication from the 2nd respondent dated 19.05.2021.

Analysis:
The petitioner, an Assistant Registrar in the Tamil Nadu Medical Council, was under suspension for failing to produce his basic S.S.L.C certificate and highest qualification certificate during a certificate verification process. A charge memo was issued, and the petitioner failed to submit a written submission within the specified period, leading to the presumption of guilt. The petitioner faced challenges in obtaining a duplicate S.S.L.C certificate due to loss and family calamity, delaying his response. The petitioner requested certain documents from the 1st respondent, which were not provided, further complicating the situation.

The Tamil Nadu Medical Council argued that the petitioner failed to produce the required certificates and had misconducted himself, justifying the charges against him. The petitioner's request for additional documents was deemed irrelevant to the enquiry, as all relevant documents had already been shared. However, considering the petitioner's difficulties in obtaining the S.S.L.C certificate and the impact of the Covid-19 situation, the court extended the deadline for submitting the written submission. The court ruled that the decision on the relevance of documents requested by the petitioner should be made by the petitioner, not the management. Consequently, the deadline was extended until 30.06.2021, with instructions for the enquiry to be completed within 60 days from commencement after the submission of the written response.

In conclusion, the court disposed of the Writ Petition with no costs, directing the petitioner to submit the written submission within the extended deadline and proceeding with the enquiry accordingly. The judgment aimed to provide a fair opportunity for the petitioner to defend his case while ensuring timely completion of the enquiry process.