MHC orders TN to respond to Dr Subbiah submission

CHENNAI: The Madras High Court on Tuesday ordered the Tamil Nadu government to respond to a case filed by Dr Subbiah Shanmugam. Government doctor Subbiah Shanmugam has moved Madras High Court seeking to quash the charge sheet filed by the Tamil Nadu Director of Medical Education (DME) and Health and Family Welfare department against the meeting of Akhil Bharatiya Vidyarthi Parishad members in prison.

Demanding justice for the death of school student Lavanya in Thanjavur district, Akhil Bharathiya Vidyarthi Parishad members led by Nithi Tripathi staged a demonstration in front of the residence of Chief Minister MK Stalin on February 14, 2022.

The ABVP activists were held on the same day when they broke the security cordon put in place around the residence of the Chief Minister located at Alwarpet, Chennai.

Following this, Dr Subbiah Shanmugam, former national president of the ABVP and an Oncologist attached to the Kilpauk medical college and hospital, Chennai visited the Central prison, Puzhal and met the ABVP workers. Citing this, The Director of Medical Education (DME) and the Principal Secretary, Health and Family Welfare department suspended Dr Subbiah Shanmugam alleging that his actions violated the code of conduct of civil servants and that he was associated with political movements.

Simultaneously, the Madras High Court had set aside the order issued by the State government and directed the government to complete the departmental inquiry within 12 weeks. As part of the ongoing departmental investigation, a charge sheet has been sent to Dr Subbiah Shanmugam by the DME and the Health and Family Welfare department. Subsequently, Dr Subbiah Shanmugam has moved Madras High Court to quash the charge sheet sent by the government.

When this petition came for the hearing before Justice P D Audikesavalu, advocate Vijay Narayan who appeared for Subbiah Shanmugam argued that the memo has been sent with political motive but his client was served as the president of ABVP from 2017 to 2020 and he is not with the ABVP after 2020. Also he argued that the ABVP is not a political movement. Observing this, the Judge has ordered the Tamil Nadu government to respond to the case and adjourned the hearing to March 28.