IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA, 1930 WP(C).No. 22094 of 2008(E) ----------------------------------------- PETITIONER(S): ------------------------ VIJAYALAKSHMI K., AGED 47 YEARS, D/O.KUTTAN PILLAI, AISWARYA DEEPTHAM, PERUVELIKKARA P.O., WEST KALLADA, KOLLAM DISTRICT, PRESENTLY WORKING AS HEAD NURSE, TALUK HEAD QUARTERS HOSPITAL, SASTHAMKOTTA. BY ADV. SRI.DILEEP PILLAI RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH, GOVT. OF KERALA, TRIVANDRUM. 2. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOLLAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22094/2008 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ENQUIRY REPORT OF THE DY.D.M.O. KOLLAM DTD. 11/10/2007 WITH COVERING LETTER OF DIST.MEDICAL OFFICER, KOLLAM DTD. 12/12/2007. EXT.P2: COPY OF PROVISIONAL TRANSFER ORDER NO.A5/5450/08 DISTRICT MEDICAL OFFICER (H)K, DTD. 5/05/08 ISSUED BY THE DIST.MEDICAL OFFICER, KOLLAM. EXT.P3: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, DTD. 22/05/08. EXT.P4: COPY OF THE JUDGMENT IN WP(C) NO.15731/08 DTD. 28/05/2008 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P5: COPY OF THE LETTER DTD. 17/06/2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P6: COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT BY THE NURSES OF SASTHAMKOTTA T.H.Q.HOSPITAL, DTD. 3/06/08. EXT.P7: COPY OF THE MEDICAL SLIP DTD. 16/06/2008 ISSUED BY DR.S.SURESHLAL TO THE PETITIONER. EXT.P8: COPY OF THE ORDER OF HANDING OVER OF CHARGE BY THE 2ND RESPONDENT DTD. NIL. EXT.P9: COPY OF THE ORDER DTD. 10/07/2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P10: COPY OF THE PAPER REPORT APPEARED IN MALAYALA MANORAMA DAILY DTD. 15/06/2008. RESPONDENT'S EXHIBIT: EXT.R2(A): COPY OF THE ENQUIRY REPORT. /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22094/2008-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of January, 2009 J U D G M E N T The petitioner is aggrieved by the order by which she was transferred from Taluk Head Quarters Hospital, Sasthamkotta to the District Hospital, Kollam. Earlier, challenging the order of transfer she had approached this Court by filing W.P.C No.15731/2008 wherein, by Ext.P4 judgment, this Court directed the second respondent, the District Medical Officer to pass a reasoned order on Ext.P3 after hearing the petitioner. Thereafter, the D.M.O passed Ext.P9 order whereby, the representation was rejected. She was personally heard and all the records were perused. It was found by the D.M.O that her transfer was on the basis of the direction by the Additional Director of Vigilance on administrative ground and in public interest for the smooth functioning of the institution. It was also found that there was no cause to review the order of transfer. The petitioner contends that none of the relevant aspects have been considered by the D.M.O while W.P.(C) No.22094/2008 -:2:- rejecting the application. It is pointed out that the transfer was ordered for extraneous reasons. 2. The respondents have filed a statement explaining the reasons for the transfer. It is submitted that the petitioner and another Sosamma who was a daily wage employee were quarrelling each other in the presence of the general public. This dispute found out a place in the local newspapers also. Based on the recommendation of the District Medical Officer of Health, the Additional Director of Health Services (Vigilance) made a surprise visit and conducted an enquiry on the same day, 20/11/2007. During the enquiry, all employees of the Taluk Head Quarters were present. The petitioner was late and this caused displeasure to the Additional Director. But, statement from her was also taken. There was a complaint from Dr.N.S.Beena about the misbehaviour of the petitioner. It was found that most of the time, there were heated exchange of words and use of abusive language against the Medical Officer. Accordingly, the Enquiry Officer after convincing himself of the facts recommended that both of them may be transferred from the said hospital. Ext.R2(a) is the copy of the enquiry report. The doctor has been transferred to Primary Health Centre, Mynagappally as per order dated 15/05/2008. W.P.(C) No.22094/2008 -:3:- 3. It is therefore, clear that an administrative exigency has arisen because of the unpleasant situation which was prevalent in the hospital. It cannot be disputed that such a situation disturbs the smooth atmosphere in the hospital and the interest of the patients would be in affected. It is not a case where the petitioner was singled out and taken for task. The concerned doctor was also transferred. Therefore, I do not find any reason to interfere with Ext.P9. Hence, the writ petition is dismissed. 4. The learned counsel for the petitioner submits that the petitioner may be given a chance to apply for transfer to any other Taluk Hospital. I am not expressing any opinion on that aspect. It is upto the petitioner to express his grievance by filing appropriate representation. (T.R. Ramachandran Nair, Judge.) ms