IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 11608 of 2009(U) -------------------------- PETITIONER(S): --------------- DR.N.C.SREEKUMAR, ASSISTANT PROFESSOR IN PLASTIC SURGERY, MEDICAL COLLEGE, KOTTAYAM (UNDER ORDER OF DISMISSAL FROM SERVICE) RESIDING AT SANKARAM, SILVER HILLS, ANAYARA P.O., THIRUVANANTHAPURAM-695 029. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM GOVERNMENT PLEADER SRI.DILIP MOHAN FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.11608/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PUBLIC NOTICE ON 29-3-07. P2 COPY OF THE ORDER DT 10-8-07. P3 COPY OF THE REPRESENTATION DT 1-9-08 P4 COPY OF THE ORDER DT 23-1-09 P5 COPY OF THE COMMUNICATION DT 5-9-07 P6 COPY OF THE COMMUNICATION DT 9-10-07 P7 COPY OF THE BOND EXECUTED BY THE PETITIONER P8 COPY OF THE REVIEW PETITION DT 27-1-09. // True Copy // P.A. To Judge C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 11608 of 2009 U ``````````````````````````````````````````````````````` Dated this the 7th day of June, 2010 J U D G M E N T The petitioner has applied for voluntary retirement on 26-12-2006. The grievance of the petitioner is that before taking a decision thereon, now, the petitioner has been dismissed from service on the ground of unauthorised absence. Ext.P4 is the order by which the petitioner was so dismissed from service. The contention of the petitioner is that it was without affording an opportunity of being heard that the same was passed. Yet another contention is that the said order was passed without adverting to the mandatory procedures prescribed under the Kerala Civil Services (Classification, Control & Appeal) Rules, 1960. Raising such contentions, the petitioner has preferred Ext.P8. I think that these are matters primarily to be decided by the Government. In fact, a Review Petition has already been filed before the Government raising all such contentions. Therefore, this writ petition is disposed of with a direction to WPC.11608/2009 : 2 : the first respondent to consider and pass orders on Ext.P8, expeditiously, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. Sd/- (C.T.RAVIKUMAR, JUDGE) aks // True Copy // P.A. To Judge