The Madras High Court on Thursday set aside an order passed by Director of Medical Education (DME) on February 17 suspending Government Surgical Oncologist S. Subbiah from service for his alleged association with a political organisation, political activities, political statements and propaganda expressing disloyal sentiments in violation of the Tamil Nadu Government Servants Conduct Rules, 1973.
Justice D. Krishnakumar agreed with senior counsel Vijay Narayan that the DME was incompetent to issue such a suspension order. He pointed out that the Director could issue suspension orders only for those below the rank of Assistant Surgeons. Since the writ petitioner before the court was a professor in surgical oncology, the suspension order ought to have been passed only by the State government.
After he filed the first writ petition challenging the DME’s order on the ground of competence, a Government Order was issued on March 9 ratifying the DME’s order. Immediately, Dr. Subbiah filed another writ petition challenging the GO too. Disposing of both the petitions together, the judge quashed the G.O. too on the ground that the rules do not permit ratification of an order passed by an incompetent authority.
