IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 OP.No. 23610 of 2001(I) -------------------------------- PETITIONER: ------------------ DR.A.V.VENUGOPALAN, LECTURER, DEPARTMENT OF UROLOGY, MEDICAL COLLEGE, KOZHIKODE. BY ADV. SRI.M.VIJAYAKUMAR SRI.M.RAMESH CHANDER RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE JOINT DIRECTOR OF MEDICAL EDUCATION (VIGILANCE), DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. N.SUDHADEVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 38610/2001 IN OP NO. 23610/2001 I. DISMISSED 27/03/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS ISSUED TO THE PETITIONER DT. 15/10/99. EXT.P2. COPY OF THE REPLY BY THE PETITIONER DT. 17/11/99. EXT.P3. COPY OF THE DETAILED EXPLANATION GIVEN BY THE PETITIONER DT. 7/1/00. EXT.P4. COPY OF THE CERTIFICATE ISSUED BY DR. FELIX GARDOZA DT. 30/08/98. EXT.P5. COPY OF THE GO RT NO. 3332/00 H&FWD DT. 2/09/00. EXT.P6. COPY OF THE COMMUNICATION ISSUED BY GOVT. DT. 6/09/00. EXT.P7. COPY OF THE GO MS NO. 69/2001/H&FWD DT. 8/3/2001. RESPONDENT'S EXHIBITS NIL. True copy tga T.R.RAMACHANDRAN NAIR, J. ======================= O.P.No.23610 of 2001-I. ======================= Dated this the 27th day of March, 2008. J U D G M E N T The matter concerns disciplinary action taken against the petitioner under the Kerala Civil Services (Classification, Control & Appeal) Rules, 1960. The challenge is against Ext.P7 order passed by the Government whereby the petitioner was awarded with the punishment of barring his next three increments without cumulative effect for a period of three years. 2. The petitioner was working in the Medical College Hospital, Kozhikode at the time when the disciplinary action was taken against him. Initially a preliminary enquiry was conducted by the Joint Director of Medical Education in relation to the allegation that one Kunhikrishnan Nair died in the Urology department for want of prompt medical care. The petitioner had worked as Lecturer in Urology Unit II at that time and he was O.P.No.23610 of 2001-I. -: 2 :- found responsible for dereliction of duty as he was the duty Medical Officer. Based on the preliminary enquiry the memo of charges and statement of allegations were forwarded to him. After his statement of defence was received the Government ordered a detailed enquiry under Rule 15(2) of KCS (CC&A) Rules. It is pursuant to the said enquiry that the impugned order has been passed. 3. The learned counsel for the petitioner submitted that the petitioner was attached to Unit No.II and he was not the duty Doctor in Unit No.I when the incident occurred. Ext.P4 the certificate issued by the Unit Head Urology II was relied upon in support for the argument. This aspect has not been clearly dealt with in Ext.P7, even though there is a finding that the defence of the petitioner cannot be accepted. Detailed reasons have also not been shown in Ext.P7 even though the conclusion arrived at is that the Government of the view that the Doctor deserves suitable punishment. The defence put forward by the petitioner has not been dealt with properly in Ext.P7. O.P.No.23610 of 2001-I. -: 3 :- 4. Under Rule 35 of the KCS (CC&A) Rules, the petitioner is having an effective remedy to file a review of the order passed by the Government. Therefore, if the petitioner files a review petition under the said rule within a period of six weeks from today, the same shall be entertained by the Government and appropriate orders shall be passed thereon on merits and in accordance with law, as expeditiously as possible, at any rate within a period of five months from the date of receipt of the review petition. The Original Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-