IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 37497 of 2007(L) -------------------------- PETITIONER: --------------- S.GOPAKUMARAN NAIR, SENIOR SCIENTIFIC OFFICER, DEPARTMENT OF GASTROENTEROLOGY MEDICAL COLLEGE, KOZHIKODE, PIN-673 008. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE, THIRUVANANTHAPURAM, PIN-695 011. 3. DR.MANGALAM, JOINT DIRECTOR OF MEDICAL EDUCATION (G), DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN-695 011. BY GOVERNMENT PLEADER SRI.T.T. MAHMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37497 of 2007 APPENDIX EXT.P1: COPY OF THE G.O.(RT)2536/2006/H&FWD DATED 25.8.2006. EXT.P2: COPY OF THE MEMO OF CHARGES NO.42501/B1/2003/H&FWD DATED 15.1.2007 WITH THE STATEMENT OF ALLEGATIONS APPENDED. EXT.P3: COPY OF EXPLANATION DATED 14.5.2007 TO EXT.P2. EXT.P4: COPY OF THE GOVERNMENT ORDER NO.G.O.(RT) NO. 2896/2007/H&FWD DATED 14.8.2007. EXT.P5: COPY OF GOVERNMNET ORDER NO.G.O.(RT) NO.3533/2007/H&FWD DATED 16.10.2007. EXT.P6: COPY OF THE REPRESENTATION DATED 24.10.2007. EXT.P7: COPY OF GOVERNMENT LETTER NO.46436/B1/07/H&FWD DATED 13.11.2007. EXT.P8: COPY OF THE GOVERNMENT LETTER NO.46436/B1/07/H&FWD DATED 13.11.2007 ADDRESSED TO THE DIRECTOR OF MEDICAL EDUCATION AND THE HEAD OF DEPARTMENT, DEPARTMENT OF GASTROENTEROLOGY, MEDICAL COLLEGE, KOZHIKODE. EXT.P9: COPY OF THE LETTER NO.E1/13716/07/MCC DATED 20.11.2007 OF THE DIRECTOR OF MEDICAL EDUCATION KOZHIKODE. EXT.P10: COPY OF THE LETTER NO.H2/31661/06/DME DATED 14.1.2008 OF THE 3RD RESPONDENT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.37497 OF 2007 ---------------------------------------- Dated this the 7th day of March, 2008 JUDGMENT The petitioner is challenging disciplinary proceedings initiated against him. He raises inter-alia a ground that the Government has not independently considered the explanation submitted by the petitioner before deciding to proceed further in accordance with the Kerala Civil Services (Classification Control and Appeal) Rules, 1960. 2. The Government pleader would contend that it is after the Government considered the matter appropriately that the decision to continue disciplinary proceedings against the petitioner as per Ext.P5 was taken. 3. I have heard both sides. In Ext.P5 order the Government has stated thus: “Memo of charges and statement of allegations were served on Shri. Gopakumaran Nair vide reference read as 2 nd paper above. Shri. Gopakumaran Nair submitted the Written Statement of Defence and the Director of Medical Education vide letter above reported that Written Statement of Defence is not satisfactory.” W.P.(c) No.37497/07 2 Ext.P5 indicates that the Government had gone by the report of the Director of Medical Education as to whether the written statement of defence is satisfactory or not. There is nothing in Ext.P5, which indicates that the Government had independently considered the written statement of defence filed by the petitioner before deciding to proceed further as directed in Ext.P5. The Government being the disciplinary authority, the Government ought to have independently considered the written statement of defence before taking a decision as to whether the same is satisfactory or not. In the above circumstances, Ext.P5 is quashed and this writ petition is disposed of with the following directions: The 1st respondent shall independently consider Ext.P3 written statement of defence submitted by the petitioner and shall take an independent decision as to whether the same is satisfactory or not, in order to either continue the disciplinary proceedings as per the Kerala Civil Services (Classification Control and Appeal) Rules, 1960, or to drop further proceedings. Needless to say, further proceedings pursuant to Ext.P5, already taken, would also stand quashed. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.37497/07 3