IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 11134 of 2010(N) -------------------------- PETITIONER(S): --------------- DR.P.G.JAMES, SUPERINTENDENT, DISTRICT HOSPITAL, IDUKKI. BY ADV. SRI.C.A.JOSEPH SMT.AYSHA RAHMAN SMT.SOUMINI JAMES RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER OF HEALTH, IDUKKI. 4. DISTRICT COLLECTOR, IDUKKI. GOVT.PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/3/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.11134 OF 2010 -------------------------------------------- Dated this the 30th day of March, 2010 JUDGMENT The petitioner is working as the Superintendent of the District Hospital, Idukki. He was placed under suspension as per Ext.P7 order dated 29.3.2010. The allegation is that the petitioner has committed dereliction of duty by denying emergency treatment for a pregnant tribal woman and has also failed to provide ambulance service to transfer her to another hospital. In view of the said serious allegations leveled against the petitioner, he was placed under suspension in contemplation of disciplinary proceedings. Ext.P7 order of suspension was essentially passed under Rule 10 of Kerala Civil Services (Classification, Control & Appeal) Rules, 1960 by the Government. Therefore, the petitioner has a statutory remedy under Rule 35 of KCS (CC &A) Rules to approach the Government by filing a review petition. At any rate, he cannot be granted any relief in this Writ Petition at this stage. The Writ Petition is, therefore, liable to fail and it is, accordingly, dismissed. It is made clear that the dismissal of this Writ Petition will not stand in the way of the petitioner approaching the Government by filing a review petition in terms of Rule 35 of KCS (CC & A) Rules. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.11134/2010 2 C.T. RAVIKUMAR, J. W.P.(C). NO.11134/2010 JUDGMENT 30th March, 2010