IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 14456 of 2010(F) -------------------------- PETITIONER(S): --------------- DR.M.ABDUL HAKIM, S/O.A.MUHAMMEDKANNU VAIDYAN, 'HAJUS', KOTTAKUNNU, SULTHAN BATHERY, SENIOR MEDICAL OFFICER, GOVERNMENT TALUK AYURVEDA HOSPITAL, SULTHAN BATHERY. BY ADV. SRI.JIJO PAUL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY HEALTH AND FAMILY WELFARE, SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY, HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 3. CHIEF MEDICAL OFFICER, TALUK AYURVEDA HOSPITAL, SULTHAN BATHERY, WAYANAD DISTRICT. 4. DISTRICT MEDICAL OFFICER, INDIAN SYSTEMS OF MEDICINE, WAYANAD. MR.P.NANDAKUMAR, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.14456/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF GO(ORD) NO.1799/2010/HEALTH AND FAMILY WELFARE DEPARTMENT DATED 30/04/2010 ISSUED BY THE UNDER SECRETARY UNDER R2. P1(a) : COPY OF CONSEQUENTIAL ORDER DIRECTING TO IMPLEMENT EXHIBIT P1 PASSED BY R4. P2 : COPY OF JOINING REPORT NO.E 527/10 DATED 15/03/2010. P3 : COPY OF REPORT DATED 03/02/2010 MADE BY THE PETITIONER BEFORE THE CMO, SULTHAN BATHERY. P4 : COPY OF CLARIFICATION SOUGHT IN THE MATTER BY R3 DATED 17/02/2010. P5 : COPY OF ANOTHER CLARIFICATION SOUGHT IN THE MATTER BY R3 DATED 17/02/2010. P6 : COPY OF REPLY SUBMITTED BY THE PETITIONER TO EXHIBIT P4. P7 : COPY OF NEWSPAPER REPORT THAT APPEARED IN THE MADYAMAM DAILY DATED 12/04/2010. P8 : COPY OF NEWSPAPER REPORT THAT APPEARED IN THE MALAYALA MANORAMA DAILY DATED 12/04/2010. P9 : COPY OF NEWSPAPER REPORT THAT APPEARED IN THE MADYAMAM DAILY DATED 13/04/2010. P10 : COPY OF NEWSPAPER REPORT THAT APPEARED IN THE MADYAMAM DAILY DATED 15/04/2010. P11 : COPY OF NEWSPAPER REPORT THAT APPEARED IN THE MATHRUBHOOMI DAILY DATED 22/04/2010. RESPONDENT'S EXHIBITS R4(a) : COPYOF ONE OF THE RESOLUTIONS DATED 11/02/2008. R4(b) : COPY OF CIRCULAR NO.10622/D2/90/P&ARD DATED 30/10/1990. R4(c) : COPY OF GO(P) NO.15/89/P&ARD DATED 22/05/1989. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------ WP(C) No.14456 of 2010 (F) -------------------------- Dated, this the 19th day of August, 2010 J U D G M E N T Petitioner is a Senior Medical Officer, who was posted at Government Taluk Ayurveda Hospital, Sulthan Bathery. He is due to retire from service on 31/03/2011. By Ext.P1 order dated 30/04/2010 issued by the 1st respondent, he has been transferred and posted to Government Ayurveda Dispensary, Kakkoor in Kozhikkode District. Reason stated in Ext.P1 transfer order is that, in view of the defamatory news reports that appeared in the news papers, reports were made by the Medical Officer and the Director of Indian Systems of Medicine recommending to transfer the petitioner. Based on Ext.P1 order, the District Medical Officer issued Ext.P1(a) transferring the petitioner. It is aggrieved by Exts.P1 & P1(a), the writ petition has been filed. 2. Two contentions are raised by the petitioner. One is that the news reports on the basis of which Ext.P1 order has been issued are Exts.P7 to P11, and according to the petitioner, these news reports show that for the untoward incident that had occurred in the Hospital, he is not to be blamed or penalised. The other contention WP(C) No.14456/2010 -2- is that being the District President of the Kerala Government Officers Union, he is victimised for political reasons. 3. The veracity of the news reports produced by the petitioner is concerned, during the course of submissions, learned Government Pleader also has produced certain news reports published in some other news papers, which give a picture contrary to what is conveyed by Exts.P7 to P11 news reports. Therefore, having regard to the contradictory nature of the news reports, it is not possible to decide the case placing reliance on Exts.P7 to P11. 4. Further, fact remains that some untoward incidents had happened in the Hospital and therefore, the authorities have come to a conclusion that continuance of the petitioner in the Hospital will not be in public interest. Pleadings also show that the Hospital Development Committee and the Block Panchayat have passed resolutions requesting for transfer of the petitioner. In such circumstances, if the Authorities, on due application of mind to the issue, have decided to transfer the petitioner to another Station, this Court will not be justified in reading malafides in such an order of transfer and interfere with the same. 5. It may be true that the petitioner is a Functionary of an WP(C) No.14456/2010 -3- Association having its own political loyalties, but there is nothing on record even to infer that it was for that reason that the petitioner has been transferred out. In the circumstances, I am not persuaded to interfere with Exts.P1 or P1(a). 6. Be that as it may, learned counsel for the petitioner submits that there are about 6 vacancies near to Sulthan Batheri and having regard to the fact that the petitioner is to retire from service on 31/03/2011, he should be accommodated in one of those vacancies. 7. If there are vacancies as claimed by the petitioner, it is up to the petitioner to approach the Director of Indian Systems of Medicine, in which event, it is directed that the Director shall consider the request of the petitioner for a convenient posting and orders thereon shall be passed without any delay in the matter. Learned counsel for the petitioner submits that he shall make a representation in this behalf within one week from today. If such a representation is received, it is directed that orders thereon will be passed, at any rate, within four weeks thereafter. This writ petition is disposed of with the above observations. (ANTONY DOMINIC, JUDGE) jg