Kerala High Court
Dr.R.Suresh vs The Chairman on 25 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942
WP(C).No.3187 OF 2021(W)
PETITIONER:
DR.R.SURESH
AGED 58 YEARS
S/O. RAGHAVAN NAIR, INDEEVARAM HOUSE,
HOUSE, NO. 45/XX/13, AZHOOR ROAD,
PATHANAMTHITTA P.O. 689 645,
(PRESENTLY RESIDING AT SAI KRUPA, ELANJIMEL P.O.,
CHENGANNUR, ALAPPUZHA DISTRICT 689 511),
LECTURER, COMMUNITY MEDICINE,
ATHURASRAMAM, N.S.S. HOMOEO MEDICAL COLLEGE,
S. PURAM P.O. KURICHY, KOTTAYAM 686 532.
BY ADV. SRI.SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 THE CHAIRMAN,
ATHURASRAMAM N.S.S. HOMOEO MEDICAL COLLEGE
ADMINISTRATIVE OFFICE, N.S.S. HEAD OFFICE,
PERUNNAI P.O. CHANGANACHERY,
KOTTAYAM 686 532.
2 THE CONTROLLING OFFICER(PRINCIPAL),
GOVERNMENT HOMOEO MEDICAL COLLEGE,
IRIANIMUTTOM, MANACAUD,
THIRUVANANTHAPURAM 695 101.
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY (AYUSH),
HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
4 MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY TS REGISTRAR,
PRIYADARSINI HILLS P.O., KOTTAYAM 685101.
5 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE P.O. THRISSUR 680 596.
R1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
R1 BY ADV. SMT.N.SANTHA
WP(C).No.3187 OF 2021
2
R1 BY ADV. SRI.V.VARGHESE
R1 BY ADV. SRI.PETER JOSE CHRISTO
R1 BY ADV. SRI.S.A.ANAND
R1 BY ADV. SMT.L.ANNAPOORNA
R4 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
SMT.NISHA BOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3187 OF 2021
3
JUDGMENT
Dated this the 25th day of February 2021
This writ petition is filed seeking the following reliefs :-
"i) issue a writ of Mandamus or other appropriate writs,
directions or orders directing the respondents to restore the
seniority of the petitioner to the original position which the
petitioner was holding at the time of imposition of
punishment in Exhibit P-12 and give all consequential
benefits including promotion to the petitioner forthwith.
ii) issue a writ of Mandamus or other appropriate writs,
directions or orders directing the 1 st respondent to consider
Exhibit P-18, P-19 and P-20 representation submitted by the
petitioner and to restore the seniority of the petitioner and
also to disburse the back wages as ordered by the Tribunal in
Exhibit P-16.
iii) Declare that as long as no period is specified while
imposing punishment of reduction in lower rank in Exhibit P-
12, then the period can only be six months and after that the
petitioner is entitled to be promoted to the original post
which he was holding at the time of imposition of
punishment."
2. Heard the learned counsel for the petitioner, the learned counsel
appearing for the 1st respondent, the learned Government Pleader and
the learned standing counsel appearing for the University.
3. It is submitted by the learned counsel for the petitioner that
against the infliction of a punishment of reduction in rank without
prescribing any time limit as also with regard to non disbursement of
WP(C).No.3187 OF 2021
back wages as directed by the Appellate Tribunal, the petitioner has
approached the respondents preferring Exts.P18 to P20
representations. It is submitted that there may be an interim direction
to the respondents to consider the same.
4. The learned counsel appearing for the 1st respondent submits
that an appropriate decision shall be taken by the 1 st respondent on
Exts.P18 to P20 representations submitted by the petitioner and that
the writ petition may be disposed of with the said directions.
5. In the above view of the matter, there will be a direction to the
1st respondent to take up, consider and pass appropriate orders on
Exts.P18 to P20 representations preferred by the petitioner, with
notice to the petitioner and after hearing him, through any
appropriate means, including by video conferencing, within a period
of six weeks from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C).No.3187 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER ISSUED BY THE 4TH
RESPONDENT UNIVERSITY DATED 09.10.2007 VIDE
NO. AC.BII/2/321/2007.
EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE
PRINCIPAL DATED 15.10.2007.
EXHIBIT P3 TRUE COPY OF THE OFFICE ORDER ISSUED BY THE
PRINCIPAL DATED 14.07.2006.
EXHIBIT P4 TRUE COPY OF THE MEMO GIVEN TO THE
PETITIONER BY THE 4TH RESPONDENT DATED
17.10.2007.
EXHIBIT P5 TRUE COPY OF THE ORDER ISSUED BY THE 4TH
RESPONDENT DATED 17.10.2007.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER DATED 01.11.2008 BEFORE
THE 1ST RESPONDENT
EXHIBIT P7 TRUE COPY OF THE MEMO OF CHARGES ALONG WITH
STATEMENT OF ALLEGATIONS DATED 28.05.2009
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER.
EXHIBIT P8 TRUE COPY OF THE WRITTEN STATEMENT OF
DEFENSE FILED BY THE PETITIONER DATED
18.06.2009.
EXHIBIT P9 TRUE COPY OF THE ORDER NO. E/2997/2009
DATED 18.08.2010.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 23.09.2014
IN C.R.P. NO. 160/2011.
EXHIBIT P11 TRUE COPY OF THE ORDER ISSUED BY THE FIRST
RESPONDENT DATED 13.10.2014.
EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS VIDE ORDER NO.
E/2997/2009 DATED 04.11.2014, ISSUED BY THE
1ST RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE ORDER NO. E2997/2009 DATED
09.12.2014 ISSUED BY THE FIRST RESPONDENT.
WP(C).No.3187 OF 2021
EXHIBIT P14 TRUE COPY OF THE ORDER OF THIS HONBLE
SUPREME COURT DATED 20.02.2015 IN SPECIAL
LEAVE TO APPEAL (C) C.C. NO.3247/2015.
EXHIBIT P15 TRUE COPY OF THE ORDER PASSED BY THE HONBLE
SUPREME COURT DATED 05.05.2015 SPECIAL
LEAVE TO APPEAL (C) NO.6921/2015.
EXHIBIT P16 TRUE COPY OF THE ORDER DATED 24.04.2017 IN
UNIVERSITY APPEAL NO. 8/2016.
EXHIBIT P17 TRUE COPY OF THE JUDGMENT OF THIS HONBLE
COURT IN CRP (UTY) NO. 256/2017.
EXHIBIT P18 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER ON 03.12.2015 BEFORE THE
1ST RESPONDENT.
EXHIBIT P19 TRUE COPY OF THE REPRESENTATION DATED
10.01.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P20 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 1ST RESPONDENT
DATED 03.08.2020.
RESPONDENT'S/S EXHIBITS: NIL
