IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 19944 of 2008(Y) ---------------------------------------------- PETITIONER: ------------------ DR.R. RAJENDRAN, S/O V.K. RAVEENDRANATH, AGED 52 YEARS, "ARYA", S.P. XIII/281-2,CHELLAMANGALAM, POWDIKONAM P.O., THIRUVANANTHAPURAM 695 587, PROFESSOR AND HEAD, DEPARTMENT OF ORAL PATHOLOGY - ON LEAVE. BY ADV. SRI.C.A.CHACKO SRI.C.V.BIMAL ROY SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE FUND DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. DR. MANGALAM, JOINT DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 4. PROF.N.O. VARGHESE, PRINCIPAL, GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P. (C) No. 19944 OF 2008 ............................................................................ Dated this the 14th August, 2008 J U D G M E N T In this Writ Petition, the petitioner challenges Ext. P13 enquiry report and Ext.P18 show cause notice issued to him. As per Ext. P18 show cause notice dated 23.02.2008, the petitioner was directed to show cause in writing within fifteen days as to why the provisional decision of the Government should not be confirmed. In Ext. P18, it is stated that in the light of the enquiry report and on the basis of the petitioner's defense statement, the Government had examined the case further and found that there had been dereliction of duty on the part of the petitioner amounting to a serious act of indiscipline. Ext.P18 would also indicate that the Government has taken a tentative decision to remove the petitioner from Medical Service with effect from the date from which he was unauthorisedly absent. 2. Learned counsel for the petitioner pointed out that the Government have passed an order dated 26.07.2008 considering the explanation dated 09.06.2008 submitted by the petitioner in answer to Ext. P18 show cause notice. The said order reads as follows: “Attention is invited to the references cited. Government W.P. (C) No. 19944 OF 2008 2 have examined your written statement of defense submitted in response to the show cause notice cited in detail. In this connection I am directed to inform you that Government is not in a position to accept your request for voluntary retirement in public interest. Hence it is rejected. On examination of the other contentions raised in your Written Statement of Defense it is found that they do not deserve any consideration. However, taking a lenient stand Government have decided to give you an opportunity to rejoin duty as Professor of Oral Pathology and Microbiology at Dental College, Kottayam as ordered in the G.O., cited.. I am therefore to direct you to join duty as Professor of Oral Pathology and Microbiology at Dental College, Kottayam as ordered in the G.O. cited within 15 days from the date of this letter. If you are not turned up, the tentative decision taken by the Government to remove you from Medical Education Service shall be confirmed. “ I do not think that the petitioner is entitled to any indulgence at this stage. Only a show cause notice was issued to the petitioner as to why the tentative decision taken by the Government should not be confirmed. After receiving the explanation offered by the petitioner, the Government have passed an order dated 26.07.2008 which would indicate that the petitioner is permitted to join duty as Professor of Oral Pathology and Microbiology at the Dental College, Kottayam within 15 days from the date of receipt of the order. The petitioner cannot invoke the extra jurisdiction under Article 226 of the Constitution of India at this stage seeking to quash Exhibits. P13 and P18. The petitioner would be W.P. (C) No. 19944 OF 2008 3 free to take appropriate measures and to seek appropriate remedies at the appropriate time, in accordance with law. All the contentions which are otherwise legally available to the petitioner could be taken in such proceedings including the contentions which are taken in this Writ Petition. Leaving open the right of the petitioner, which he would be otherwise entitled to, the Writ Petition is closed. It is made clear that all the contentions raised by the petitioner are left open. K.T. SANKARAN, JUDGE. lk