Allowed

Dr.Prathibha K., v. State of Kerala

Kerala HC5 Feb 2019WP(C)/2939/2019

Case brief

AI extract

What is this about?

The High Court of Kerala granted a direction to the Government Health Department to permit the petitioner, a medical officer unable to attend due to health reasons, to be represented by an authorized representative or advocate in a proposed hearing.

What did the court decide?

Direction to the first respondent to permit the petitioner to be represented by a duly authorised representative or an advocate in the proposed hearing.

Dr.Prathibha K., Vs State of Kerala — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY ,THE 05TH DAY OF FEBRUARY 2019 / 16TH MAGHA, 1940

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WP(C).No. 2939 of 2019

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PETITIONER:

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DR.PRATHIBHA K., AGED 33 YEARS D/O. BHASKARAN, KOTHAYAMATTIL HOUSE, MADATHIL ROAD, TANOOR P.O., MALAPPURAM DISTRICT, WORKING AS CASUALTY MEDICAL OFFICER, DISTRICT HOSPITAL, KANNUR.

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BY ADVS. SRI.R.GOPAN SRI.D.JAI SINGH

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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2 THE DIRECTOR, KERALA HEALTH SERVICE, VANCHIYOOR P.O., THIRUVANANTHAPURAM - 695035.

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ADV.B VINOD, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2939 of 2019 2

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JUDGMENT

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The petitioner has approached this Court

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seeking directions to the respondents to

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permit her to be represented an advocate in

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the hearing proposed to be conducted by the Government.

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petitioner and the learned Government Pleader.

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It is stated by the learned counsel

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for the petitioner that the respondents are

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not permitting the petitioner to be

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represented and the petitioner is unable to

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attend the hearing due to health reasons.

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Having considered the contentions

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advanced and having heard the leaned counsel on both sides, I am of the opinion that the

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relief sought by the petitioner is liable to be granted.

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WP(C).No. 2939 of 2019 3

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There will accordingly be a direction

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to the first respondent to permit the petitioner to be represented by a duly authorised representative or an advocate in the hearing proposed to be conducted.

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The writ petition is ordered accordingly.

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SD/ANU SIVARAMAN

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ACM/5.02.2019 JUDGE

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WP(C).No. 2939 of 2019 4

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	PHOTOCOPY OF THE MR. ARSHAD, DATED BY THE PETITIONER	WOUND CERTIFICATE OF 16/04/2018 ISSUED .
EXHIBIT P2	PHOTOCOPY OF THE THE PETITIONER BE RESPONDENT KANNUR 24/04/2018.	COMPLAINT FILED BY FORE THE 1ST RANGE DATED
EXHIBIT P3	PHOTOCOPY OF THE 11/06/2018 ISSUED RESPONDENT TO THE	NOTICE DATED BY THE 2ND PETITIONER.
EXHIBIT P4	PHOTOCOPY OF THE SUBMITTED BY THE THE 1ST RESPONDEN	REPRESENTATION PETITIONER BEFORE T DATED 20/06/2018.
EXHIBIT P5	PHOTOCOPY OF THE 22/06/2018 IN WPC PASSED BY THIS HO	JUDGMENT DATED NO.20616/2018 NOURABLE COURT.
EXHIBIT P6	PHOTOCOPY OF THE DATED 13/11/2018 SUPERINTENDENT, D KANNUR TO THE DIS OFFICER (HEALTH).	LETTER NO.E1/7688/18 SENT BY THE ISTRICT HOSPITAL, TRICT MEDICAL
EXHIBIT P6 A	PHOTOCOPY OF THE ISSUED BY DR. BIN KIMS HOSPITAL DAT	MEDICAL CERTIFICATE DU PURUSHOTHAMAN, ED 17/01/2019.
EXHIBIT P7	PHOTOCOPY OF THE NO.A1/204/2018/HE 24/12/2018 ISSUED RESPONDENT TO THE	LETTER ALTH DATED BY THE 1ST PETITIONER.
EXHIBIT P8	PHOTOCOPY OF THE SUBMITTED BY THE THE ADDITIONAL CH 04/01/2019.	APPLICATION PETITIONER BEFORE IEF SECRETARY DATED
EXHIBIT P9	PHOTOCOPY OF THE 36342/2018/	LETTER NO.E.C.3- 18/01/2019

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WP(C).No. 2939 of 2019 5

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ISSUED BY THE DIRECTOR, HEALTH DEPARTMENT TO THE DISTRICT MEDICAL OFFICER (HEALTH), KANNUR.

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EXHIBIT P10

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PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE ADDITIONAL DIRECTOR (MEDICAL), HEALTH DEPARTMENT DATED 25/01/2019.

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EXHIBIT P11 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE CHIEF SECRETARY, STATE OF KERALA DATED 28/01/2019.

Dr.Prathibha K., v. State of Kerala

Case brief

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Dr.Prathibha K., v. State of Kerala

Case brief

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