The High Court disposed of a writ petition regarding dismissal from service and denied decision on the merits, directing the first respondent to act expeditiously on a review petition.
Directs the first respondent to consider the review petition and pass orders within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR
MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932
WP(C).No. 11608 of 2009(U) --------------------------
PETITIONER(S):
DR.N.C.SREEKUMAR, ASSISTANT PROFESSOR IN PLASTIC SURGERY, MEDICAL COLLEGE, KOTTAYAM (UNDER ORDER OF DISMISSAL FROM SERVICE) RESIDING AT SANKARAM, SILVER HILLS, ANAYARA P.O., THIRUVANANTHAPURAM-695 029.
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENT(S):
GOVERNMENT PLEADER SRI.DILIP MOHAN FOR R1-2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.11608/2009
APPENDIX
PETITIONER'S EXHIBITS:
// True Copy //
P.A. To Judge
C.T.RAVIKUMAR, J.
W.P.(C) No. 11608 of 2009 U
Dated this the 7th day of June, 2010
J U D G M E N T
The petitioner has applied for voluntary retirement on 26-12-2006. The grievance of the petitioner is that before taking a decision thereon, now, the petitioner has been dismissed from service on the ground of unauthorised absence. Ext.P4 is the order by which the petitioner was so dismissed from service. The contention of the petitioner is that it was without affording an opportunity of being heard that the same was passed. Yet another contention is that the said order was passed without adverting to the mandatory procedures prescribed under the Kerala Civil Services (Classification, Control & Appeal) Rules, 1960. Raising such contentions, the petitioner has preferred Ext.P8. I think that these are matters primarily to be decided by the Government. In fact, a Review Petition has already been filed before the Government raising all such contentions.
Therefore, this writ petition is disposed of with a direction to
WPC.11608/2009
: 2 :
the first respondent to consider and pass orders on Ext.P8, expeditiously, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment.
Sd/- (C.T.RAVIKUMAR, JUDGE)
aks
// True Copy //
P.A. To Judge
2 issues framed by the court
Whether the writ court can decide disputes regarding dismissal from service and voluntary retirement matters.
Whether the petitioner is entitled to a quick decision on the validity of his dismissal.
1 provisions across 1 enactments
Dr. N.C. Sreekumar
The State of Kerala
The Director of Medical Education
C.T.Ravikumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
