Dr.Nebu John vs The Chief Secretary
2024 Latest Caselaw 5537 Ker

Kerala High Court

Dr.Nebu John vs The Chief Secretary on 16 February, 2024

Author: P Gopinath

Bench: P Gopinath

WP(C) No.26375/2016                      1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE GOPINATH P.
             Friday, the 16th day of February 2024 / 27th Magha, 1945
                           WP(C) NO. 26375 OF 2016 (V)
   PETITIONER:

          DR.NEBU JOHN, ASSISTANT SURGEON, COMMUNITY HEALTH CENTRE, VENPAKAL,
          NEYYATTINKARA, THIRUVANANTHAPURAM. RESIDING AT VADAKKETHAZHATHIL,
          PERUMKAVU PO, THIRUVANANTHAPURAM DISTRICT.

   RESPONDENTS:

      1. THE CHIEF SECRETARY, SECRETARIAT, GOVERNMENT OF KERALA,
         THIRUVANANTHAPURAM 695001
      2. THE SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF KERALA,
         THIRUVANANTHAURAM 695001
      3. THE UNDER SECRETARY, HEALTH & FAMILY WELFARE (A) DEPARTMENT,
         GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695001


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to issue an interim direction directing the first respondent to
   dispose of Ext.P29 after conducting a detailed enquiry and after examining
   all the relevant parties and witnesses.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.B.KRISHNA MANI Advocate for the petitioner and of GOVERNMENT PLEADER
   for Respondents (By Order), the court passed the following:
 WP(C) No.26375/2016                           2/3




                                   GOPINATH P., J
                           -------------------------------------
                            W.P(C) No.26375 of 2016
                           -------------------------------------
                      Dated this the 16th day of February, 2024

                                        ORDER

Adv. B. Krishna Mani, the learned counsel appearing for the

petitioner, would vehemently submit that the impugned order

issued by the Government is actually an order issued in contempt

of the directions issued by this Court in Ext.P31 judgment. It is

submitted that in Ext.P31, the direction issued by this Court was

specifically to the Chief Secretary to the Government of Kerala, to

decide the representation submitted by the petitioner. It is

submitted that instead of taking a decision on the representation

by himself, the Chief Secretary had delegated the matter to the

Health Secretary and the Health Secretary in turn delegated the

matter to an under Secretary, who finally passed the impugned

order. It is submitted that this cannot be termed to be a proper

compliance with the directions issued by this Court in Ext.P31

judgment.

2. The learned Government Pleader seeks time to get

instructions.

Post on 21-02-2024.

Sd/-

GOPINATH P. JUDGE ats

16-02-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 26375/2016 EXHIBIT P29 TRUE COPY OF THE RELEVANT PORTION OF THE REPRESENTATION DATED 05.03.2015 BEFORE THE FIRST RESPONDENT EXHIBIT P31 TRUE COPY OF THE JUDGMENT DATED 08.04.2015 IN WPC.NO.

9166/2015 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

16-02-2024 /True Copy/ Assistant Registrar