IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 22120 of 2009(H) -------------------------- PETITIONER(S): --------------- DR.M.K. VALSAN, AGED 53 YEARS, S/O. KUNJITTY, EARLIER WORKING AS ASSISTANT PROFESSOR IN O & G, MEDICAL COLLEGE, KOZHIKODE COLLEGE, KOZHIKODE, RESIDING AT KOLAYATHAZHAM, KARANTHOOR, KOZHIKODE DIST. BY ADV. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 3. THE PRINCIPAL, MEDICAL COLLEGE, CALICUT. BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.22120 of 2009-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2009. JUDGMENT The petitioner who is working as Asst. Professor in O & G, Medical College, Kozhikode, was ordered to be terminated from service as per Ext.P10, raising various allegations. The main reason for termination is unauthorized absence. The petitioner could not perform 'turn duty' in the light of his physical condition. Accordingly, he had submitted a resignation letter. He was under the bonafide belief that the resignation letter was accepted. But later, he was issued with Ext.P7 show cause notice, to which he submitted Ext.P9 reply. 2. Presently, the petitioner has filed Ext.P11 seeking to invoke the power of review under Rule 35 of KCS (CC & A) Rules, by the Government. It is prayed that the review petition may be directed to be considered and appropriate orders may be passed after hearing the petitioner. 3. There will be a direction to the first respondent to consider and pass orders on Ext.P11 after hearing the petitioner, within three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) wpc 22120/2009 2 kav/