The Hindu : Tamil Nadu / Chennai News : Doctor's charge inconsistent, says Health Minister

Online edition of India's National Newspaper
Wednesday, Jan 19, 2005

Tamil Nadu

Tamil Nadu - Chennai

Doctor's charge inconsistent, says Health Minister

By Our Staff Reporter

CHENNAI, JAN. 18. The Health Minister, Thalavai N. Sundaram, has denied the charges of sexual harassment and civil rights violation levelled by a doctor against him, and said she came up with a "different false story" on several occasions.

In his counter-affidavit filed in the Madras High Court on Monday, the Minister said the charges were unfounded and inconsistent and that the petition was not maintainable. "If this kind of wasteful litigation could interfere with my public duty, I am only worried about the future of this country," he said. "Such persons should not be allowed to go scot-free and heavy costs should be awarded against her [Dr. C. Gomathi] for having uttered such falsehood, knowing full well that it has no truth at all."

`Bid to avoid transfer'

Claiming that she resorted to levelling allegations and filing petitions only to avoid transfers, the Minister said the doctor did not spare even constitutional functionaries. "The petitioner is a very undependable person whose words cannot be taken at their face value."

As for her prayer to transfer her "case" to the Central Bureau of Investigation, Mr. Sundaram said the CBI would have no jurisdiction to investigate the matter unless the State Government gave its consent. "The jurisdiction of the High Court exercising powers under Article 226 so as to refer the matter to the CBI is a live issue before the Constitution Bench awaiting final orders," he said.

"She cannot insist on any investigation by the CBI as she has not set criminal law, involving any violation, in motion at any point of time as required under Section 154 of the Code of Criminal Procedure. No offence is reported by her nor the Chennai City Commissioner of Police is capable of registering a case for investigation."

Mr. Sundaram prayed for dismissal of the petition with heavy costs "so that it would deter persons like the petitioner from venturing into this kind of petitions, which is the most frivolous in nature."

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