IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WA.No. 2504 of 2008 --------------------- AGAINST THE JUDGEMENT IN WPC.36044/2008 Dated 18/12/2008 .................... APPELLANT/PETITIONER IN THE WPC: -------------- DR.K.JYOTHINDRA KUMAR, S/O.V.KRISHNAN NAIR AGED 50 YEARS, PRINCIPAL, GOVERNMENT DENTAL COLLEGE, KOTTAYAM, RESIDING AT.'PREMJYOTHI”, B.N.5, SREEKRISHNA NAGAR, ULLOOR, TRIVANDRUM-695011. BY ADV. SRI.M.R.RAJENDRAN NAIR, SENIOR ADVOCATE SRI.M.R.SUDHEENDRAN SRI.M.R.HARIRAJ SRI.SURAJ.S RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE CAMPUS, THIRUVANANTHAPURAM. 3. P.K.SREEMATHI TEACHER, MINISTER FOR HEALTH AND FAMILY WELFARE, TRIVANDRUM. 4. DR.N.O.VARGHESE, PRINCIPAL, DENTAL COLLEGE, TRIVANDRUM. BY GOVERNMENT PLEADER SMT.R.BINDU. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A.No.2504/2008 ------------------------------ Dated this, the 5th day of February, 2010 JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. He approached this Court, challenging Exts.P4, P10 and P11. Ext.P4 is a memo of charges served on him. Ext.P10 is an order passed by the Government, which is the disciplinary authority, refusing to accept the report of the enquiry officer on Ext.P4 charges for the reason of procedural lapses and ordering to conduct a fresh enquiry by another officer. Ext.P11 order contains the decision of the Government, rejecting the request of the appellant for transfer. The learned Single Judge dismissed the Writ Petition. Hence this appeal. 2. During the pendency of this appeal, this Court passed certain interim directions, which have substantially redressed the grievances of the appellant. The learned Government Pleader submitted that the new enquiry officer has completed WA No.2504/2008 - 2 - the enquiry and submitted his report. The Government will finalise the proceedings against the appellant as expeditiously as possible. This submission is recorded. At any rate, final orders in this regard shall be passed within three months from the date of receipt of a copy of this judgment. These directions are issued without prejudice to the appellant's contentions and he can rely on them, if he has to challenge the final order in the disciplinary proceedings. The Writ Appeal is disposed of as above. K. Balakrishnan Nair, Judge. P.N.Ravindran, Judge. nm.