IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11786 of 2008(C) -------------------------- PETITIONER: ------------ DR. T./V.PADMANABHAN, CIVIL SURGEON DISTRICT HOSPITAL, KASARAGOD AT KANHANGAD P.O. BALLA, KASARAGOD DISTRICT-671531 BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM. 4. THE DISTRICT MEDICAL OFFICER (HEALTH) KASARAGOD AT KANHANGAD, BALLA P.O. KASARAGOD DISTRICT, PIN-671531 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).11786/2008 -------------------- Dated this the 7th day of April, 2008 JUDGMENT Petitioner essentially challenges Ext.P18, which is a notice issued by the Enquiry Officer who has been deputed to conduct an enquiry into the complaint levelled against the petitioner. I refrain from embarking upon a detailed appraisal of the facts of the case in as much as the issue which has been raised in this writ petition is only whether the Government should depute a different Enquiry Officer for the purpose of enquiry into the complaint levelled against the petitioner, who is a Civil Surgeon in the Health Services Department. Petitioner's request in this regard was dealt with under Ext.P16 pursuant to the directions issued in Ext.P14 judgment. Ext.P18 is a subsequent notice issued by the Enquiry Officer, namely the Additional Secretary to the Health & Family Welfare Department, proposing an enquiry on 9.4.2008. W.P.(C).11786/2008 2 I would have considered the request made by the petitioner for a direction to the Government to depute a different Enquiry Officer but for the fact that the enquiry which is under way, as evidenced by Ext.P18, is only a preliminary fact finding enquiry, as pointed out by the learned Senior Government Pleader, Mr.Nandakumar. Obviously, if a full fledged enquiry, as contemplated under Rule 15 of the K.C.S (C.C & A) Rules, is proposed to be undertaken, fresh steps will have to be taken in this regard. In the above view of the matter, I do not find any reason to interfere with the writ petition at this stage. Accordingly the same is dismissed. Other contentions of the petitioner are left open. V.GIRI, Judge mrcs