IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 18543 of 2011(P) ------------------------------- PETITIONER: -------------- DR.E.V.SASIDHARAN, ERANEZHATH HOUSE, NALAMKALLU, ARIMBUR P.O., THRISSUR - 680 620. (ASST. PROFESSOR, MEDICAL COLLEGE, THRISSUR). BY ADVS. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM– 695 001. BY SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.18543/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF COMMUNICATION DTD. 28.9.06 ISSUED BY PRINCIPAL, MEDICAL COLLEGE, THRISSUR. EXT. P2 : COPY OF MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DTD. 27.10.07 ISSUED BY R1. EXT. P3 : COPY OF REPLY DTD. 24.12.07 SUBMITTED BY PETITIONER TO EXT.P2. EXT. P4 : COPY OF CERTIFICATE DTD. 25.4.08 ISSUED BY PRINCIPAL, MEDICAL COLLEGE, THRISSUR. EXT. P5 : COPY OF ORDER, G.O. DTD. 23.7.08 ISSUED BY GOVT. EXT. P6 : COPY OF REPRESENTATION DTD. 11.1.10 FILED BY PETITIONER BEFORE HON'BLE MINISTER FOR HEALTH. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18543 OF 2011 --------------------------------------- Dated this the 15th day of July, 2011. J U D G M E N T The petitioner was working as Assistant Professor in the Medical College, Thrissur, in the Department of Physiology. He applied for Leave Without Allowance for a period of one year in connection with the education of his son. He was expecting orders in the matter and entered on leave but in the meanwhile proceedings were initiated against him alleging unauthorized absence and Ext.P2 is the copy of the memo of charges and Ext.P3 is his reply for the same. 2. The petitioner submitted a resignation letter to be effective from 15.11.2006. The same was forwarded by the Principal to the Government. It is the case of the petitioner that again a fresh show cause notice was issued directing him to rejoin duty as evident from Ext.P5 which is the order passed by the Government terminating the petitioner from service and challenging the same, the petitioner has filed a representation as W.P.(C) No.18543/2011 2 per Ext.P6. Seeking for expeditious disposal of the same, this writ petition has been filed. 3. Learned Government Pleader on getting instructions submitted that Ext.P6 is being processed and a report has already been called for. There will be a direction to the Government to take a decision on Ext.P6, after hearing the petitioner also, within a period of three months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp