IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22393 of 2011(Y) -------------------------- PETITIONER(S): --------------- DR.JACOB GEORGE, S/O.DR.P.G.GEORGE, AGED 45 YEARS, ASOCIASTE PROFESSOR, DEPARTMENT OF NEUROLOGY, GOVERNMMENT MEDICAL COLLEGE, GANDHI NAGAR, KOTTAYAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM-695 035. 3. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, GANDHI NAGAR, KOTTAYAM-686 608. GOVERNMENT PLEADER, SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22393 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE MEMO OF CHARGES NO.37858/S2/2010/H&FWD OF GOVT. EXT.P1(a)TRUE COPY OF THE STATEMENT OF ALLEGATIONS OF THE GOVT. EXT.P2 TRUE COPY OF THE STATEMENT OF DEFENCE OF THE PETITIONER. EXT.P3 TRUE COPY OF THE COVERING LETTER NO.E1/17061/09/MCK OF THE PRINCIPAL OF THE COLLEGE. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22393/2011-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of August, 2011 J U D G M E N T The petitioner herein is an Associate Professor in the Department of Neurology in the Government Medical College, Kottayam. The main prayer in the writ petition is for a direction to the first respondent to complete the disciplinary proceedings initiated against him within a time frame. 2. The allegation in Ext.P1 is that he had applied for leave without allowance for 730 days with effect from 01/10/2009 and left the department without getting the leave sanctioned. It is the case of the petitioner that on the bona fide belief that the leave will be sanctioned, he left the Department on 03/11/2009 and after he came to know that his application was dismissed, he rejoined duty on 06/10/2010. Ext.P2 is the copy of the statement of defence submitted by the petitioner which was forwarded by the Principal to the Director of Medical Education, Thiruvananthapuram as per Ext.P3 dated 08/06/2011. W.P.(C). No.22393/2011 -:2:- 3. Since the petitioner seeks for an expeditious disposal of the disciplinary action pending against him, it is upto the first respondent to take a decision in the matter. Evidently, the memo of charges has been served on the petitioner and the petitioner has submitted the statement of defence. Therefore, it is upto the competent authority to take a decision with regard to the further action if any, after considering the statement of defence submitted by the petitioner within a time frame. Appropriate decision will be taken and communicated to the petitioner within a period of four months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the authority concerned for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms