IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Con.Case(C).No. 563 of 2010(S) ------------------------------ AGAINST THE ORDER IN WPC.13837/2010 Dated 27/04/2010 .................... PETITIONER/PETITIONER: ---------------------------- PRASANTH.R.S,MEDICAL OFFICER,GOVERNMENT HOMEO DISPENSARY, NAGAROOR, TRIVANDRUM. BY ADV. SRI.P.N.MOHANAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. DR.JAMUNA,W/O.DR.REGHU,AGED 44 YEARS, DIRECTOR OF HOMEOPATHY, OFFICE OF THE DIRECTOR OF HOMEOPATHY, EAST FORT, TRIVANDRUM. 2. DR.SURESH BABU.M.K,(FATHER'S NAME NOT KNOWN TO THE PETITIONER) AGED 46 YEARS, MEDICAL OFFICER, GOVERNMENT HOMEO DISPENSARY, CHADAYAMANGALAM, KOLLAM. R1 BY GOVERNMENT PLEADER, SRI.P.M. MANOJ R2 BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (EKM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. - - - - - - - - - - - - - -- - - - - - - - - - - - Contempt Case(Civil) No. 563 OF 2010 - - - - - - - - - - - -- - - - - - - - - - - - - - Dated this the 17th day of June, 2010 JUDGMENT The petitioner is presently working as a Medical Officer in the Government Homoeo Dispensary at Nagaroor in Thiruvananthapuram District. He applied for general transfer during the current year. A preliminary transfer order was passed on 20.03.2010 proposing to transfer him to the Government Homoeo Dispensary at Chadayamangalam in Thiruvananthapuram District itself. The petitioner had no objection to the said order of transfer. However, the second respondent who had submitted a request for transfer to that station filed WP(C) No.10839 of 2010 in this Court. The said writ petition was disposed of by this Court with a direction to the Director of Homoeopathy to consider his request. Pursuant to the said direction the Director of Homoeopathy passed an order of transfer dated 21.04.2010 transferring the second respondent to Government Homoeo Dispensary, Chadayamangalam. The proposal to transfer the petitioner was shelved. The petitioner COC No. 563 OF 2010 -:2:- thereupon filed WP(C) No.11837 of 2010 in this Court. The said writ petition was presented on 27.04.2010 during the vacation and it came up for admission before me that day itself. On that writ petition, I passed Annexure A2 order to the effect that if the second respondent has not taken charge at Chadayamangalam, the order transferring him shall stand stayed for a period of two months. 2. This Contempt Case is filed contending that though the interim order was communicated to the Director of Homoeopathy and to the local authority which is in charge of the Homoeo Dispensary, in violation of the said order, records have been manipulated to make it appear that the second respondent assumed charge on 27.04.2010 itself at Chadayamangalam. It is contended that on 27.04.2010 the Homoeo Dispensary at Chadayamangalam did not function in view of the 'Harthal' called by certain political parties and therefore the statement that the second respondent assumed charge on 27.04.2010 cannot be believed or accepted upon. 3. The second respondent has filed a counter affidavit COC No. 563 OF 2010 -:3:- stating that pursuant to the order transferring him to Chadayamangalam he was relieved from Government Homoeo Dispensary, Vakkam in the forenoon of 24.07.2010 and that charge was handed over to the Pahrmacist and the report was countersigned by the District Medical Officer(Homoeo), Thiruvananthapuram). It is also submitted that he took charge at Chadayamangalam after relieving the incumbent Dr.G.Muraleedharan who was transferred to the Government Homoeo Dispensary at Melukavu in Kottayam District. 4. The learned Government Pleader appearing for the first respondent submitted with reference to the attendance register maintained during the period from January to May, 2010 (both months inclusive) that, the second respondent assumed charge at Chadayamangalam after relieving Dr.G.Muraleedharan on 27.04.2010 and that Dr.G.Muraleedharan has not signed the attendance register after 27.04.2010. The original of the attendance register was also made available to me. I have perused the same. 5. I have considered the rival submissions made at the Bar. COC No. 563 OF 2010 -:4:- I have also gone through the materials on record and the original of the attendance register produced before me. The materials on record disclose that the second respondent had joined duty at Chadayamangalam in a proper manner after being relieved from Vakkam. The second respondent also took charge at Chadayamangalam after relieving Dr.G.Muraleedharan who was under orders of transfer to the Government Homoeo Dispensary at Melukavu in Kottayam District. In such circumstances it cannot be said that the respondents have willfully violated the directions of this Court. In such circumstances I find no ground to proceed further with this Contempt Case. It is accordingly closed. P.N. RAVINDRAN, JUDGE. ttb COC No. 563 OF 2010 -:5:-