IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 21771 of 2011(V) --------------------------------------- PETITIONER(S): ---------------------- P.GOPINATHAN, ASSOCIATE PROFESSOR, (UNDER ORDER OF REMOVAL), DEPARTMENT OF ORTHOPAEDICS,MEDICAL COLLEGE, HOSPITAL, KOZHIKODE. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): ------------------------ 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL EDUCATION DIRECTORATE, THIRUVANANTHAPURAM-695001. 3. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE HOSPITAL, MEDICAL COLLEGE.P.O., KOZHIKODE-673008. BY GOVT. PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.21771/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.F2-21402/98/DME DTD. 12.10.98 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE PROCEEDING DTD. 17.7.99 OF THE 2ND RESPONDENT. P3:- COPY OF THE G.O.(RT) NO.2837/2003/H&FWD DTD. 25.9.2003 ISSUED BY THE IST RESPONDENT. P4:_ COPY OF THE G.O.(RT) NO.994/2009/ H&FWD DTD. 6.4.09 ISSUED BY THE IST RESPONDENT. P5:- COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER WITH EFFECT FROM 5.10.2009, WITH THE MEDICAL CERTIFICATE. P6:- COPY OF THE LETTER DTD. 19.10.2009 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. P7:- COPY OF THE REPORT DTD. 30.11.2009 SUBMITTED BY THE MEDICAL BOARD TO THE 3RD RESPONDENT. P8:- COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER WITH EFFECT FROM 4.1.2010 WITH THE MEDICAL CERTIFICATE AND LETTER. P9:- COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER WITH EFFECT FROM 5.6.2010. P10:- COPY OF THE APPLICATION FRO LEAVE SUBMITTED BY THE PETITIONER WITH EFFECT FROM 28.8.2010. P11:- COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER WITH EFFECT FROM 20.12.2010. P12:- COPY OF THE G.O.(RT) 3239/2010/H&FWD DTD. 16.8.2010 ISSUED BY THE IST RESPONDENT. P13:- COPY OF THE REPRESENTATION DTD. 3.12.2010 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P14:- COPY OF THE REPRESENTATION DTD. 4.4.2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P15:- COPY OF THE ORDER NO.G.O.(MS) 322/2011/H&FWD DTD. 21.5.2011 ISSUED BY THE IST RESPONDENT. P16:- COPY OF THE REVIEW PETITION DTD. 4.7.2011 SUBMITTED BY THE PETITIONER FEFORE THE IST RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21771/2011-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of August, 2011 J U D G M E N T This writ petition is filed by the petitioner challenging Ext.P15 order by which has been removed from service. 2. The petitioner has raised various grounds in the writ petition. One of the reasons for not re- joining the service, in spite of receipt of the service of the orders, is that the petitioner was fully under bed rest and medical treatment and therefore, he was not able to move about and to rejoin Medical College and this was informed to the authorities concerned also. It is therefore, submitted that the decision taken in Ext.P15 to remove him from service cannot be justified. 3. Evidently, in Ext.P15 it is stated that the petitioner has not rejoined duty. 4. The learned counsel for the petitioner submitted that the real reasons pointed out by the petitioner have not been adverted to while passing W.P.(C). No.21771/2011 -:2:- Ext.P15 order which has prejudiced the petitioner and this has compelled the petitioner to file Ext.P16 review petition under Rule 35 of the Kerala Civil Services (Classification, Control and Appeal) Rules 1960. 5. It is upto the Government to take a decision on Ext.P16. Therefore, the Government will take a decision on Ext.P16 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. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms