Kerala High Court
Dr.Nebu John vs The Chief Secretary on 23 February, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 26375 OF 2016
PETITIONER:
DR.NEBU JOHN,
AGED 44 YEARS,
ASSISTANT SURGEON, COMMUNITY HEALTH CENTRE,
VENPAKAL, NEYYATTINKARA, THIRUVANANTHAPURAM,
RESIDING AT VADAKKETHAZHATHIL, PERUMKAVU P O,
THIRUVANANTHAPURAM DISTRICT.
BY ADV SRI.B.KRISHNA MANI
RESPONDENTS:
1 THE CHIEF SECRETARY,
SECRETARIAT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY,
DEPARTMENT OF HEALTH, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695 001.
3 THE UNDER SECRETARY,
HEALTH & FAMILY WELFARE (A) DEPARTMENT,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.
SRI.DHEERAJ A.S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26375 OF 2016
2
JUDGMENT
The petitioner has filed this writ petition challenging Ext.P32
order.
2. The learned counsel appearing for the petitioner would
submit that in terms of Ext.P31 judgment of this Court, the Chief
Secretary was required to take a decision on Ext.29 representation
submitted by the petitioner. It is submitted that Ext.P32 order has
been issued by the Under Secretary in the Health Services
Department. It is submitted that this was not proper on account of
the fact that the complaint of the petitioner was against certain
officials of the Health Services Department.
3. Considering the above submission of the learned counsel
for the petitioner, the learned Government Pleader was required to
get instructions as to whether Ext.P29 representation can be
reconsidered by the Chief Secretary. The learned Government
Pleader submits that Ext.P29 representation will be considered and
disposed of by the Chief Secretary if this Court were to so direct.
4. Taking into consideration of the submission as above,
this writ petition will stand disposed of directing the 1 st respondent to
consider and pass orders on Ext.P29, within a period of two months
WP(C) NO. 26375 OF 2016
from the date of receipt of a certified copy of this judgment, after
affording an opportunity of hearing to the petitioner and any other
affected persons. To enable reconsideration of the matter, Ext.P32
order will stand set aside. I make it clear that I have not expressed
any opinion on the merits of the matter and it will be open to the 1 st
respondent to consider Ext.P29, in accordance with the law.
The writ petition will stand disposed of as above.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 26375 OF 2016
APPENDIX OF WP(C) 26375/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DETAILED WRITTEN
STATEMENT DATED 27.10.2002
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE THEN BLOCK PANCHAYAT MEMBER MATHEW
KALLATH DATED 03.03.2003
EXHIBIT P3 TRUE COPY OF THE STATEMENT DATED
17.03.2003 GIVEN BY ONE PK SADASIVAN
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 15.05.2008
EXHIBIT P5 TRUE COPY OF THE MEMO OF CHARGES DATED
03.03.2010
EXHIBIT P6 TRUE COPY OF THE COMPLAINT BEFORE THE
ADDITIONAL SECRETARY, GOVERNMENT OF
KERALA, DATED 16.03.2011
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 14.01.2011
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED
06.06.2011 ISSUED BY THE SECRETARY,
AMBOORI GRAMA PANCHAYATH TO THE DIRECTOR,
HEALTH SERVICES, THIRUVANANTHAPURAM
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED
10.08.2011 SUBMITTED BY THE PETITIONER
BEFORE THE SECRETARY, HEALTH SERVICE AND
FAMILY WELFARE DEPARTMENT, GOVERNMENT OF
KERALA
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED NIL
SUBMITTED BY ADIVASI MAHASABHA, THODUMALA
WARD BEFORE THE THIRUVANANTHAPURAM
DISTRICT MEDICAL OFFICER,
THIRUVANANTHAPURAM
EXHIBIT P11 TRUE COPY OF THE COMPLAINT DATED
03.08.2011 BEFORE THE SUB INSPECTOR OF
POLICE, NEYYATTINKARA POLICE STATION
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 20.09.2011
BY THE DIRECTOR OF HEALTH, P.K. JAMEELA
EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED
20.09.2011
EXHIBIT P14 TRUE COPY OF THE COMMUNICATION GIVEN FOR
PUBLICATION DATED 22.09.2011
EXHIBIT P15 TRUE COPY OF THE ORDER DATED 21.03.2012
EXHIBIT P16 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE PETITIONER DATED 25.05.2012 BEFORE
THE GOVERNMENT OF KERALA
EXHIBIT P17 TRUE COPY OF THE MEMO OF CHARGES DATED
23.07.2012
EXHIBIT P18 TRUE COPY OF THE ORDER DATED ISSUED BY
WP(C) NO. 26375 OF 2016
THE GOVENMENT DATED 27.03.2013
EXHIBIT P19 TRUE COPY OF THE JUDGMENT DATED
04.02.2014 IN CC.NO. 693/2011 BEFORE THE
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE,
KATTAKKADA
EXHIBIT P20 TRUE COPY OF THE COMMUNICATION DATED
01.03.2014 TO THE ADMINISTRATIVE OFFICER
EXHIBIT P21 TRUE COPY OF THE ORDER DATED 20.11.2014
ISSUED BY THE DIRECTOR, HEALTH SERVICES
DR. PK. JAMEELA
EXHIBIT P22 TRUE COPY OF THE DETAILED REPLY DATED
16.12.2014
EXHIBIT P23 TRUE COPY OF THE REPRESENTATION DATED
19.11.2014 BEFORE THE DIRECTOR, HEALTH
SERVICES
EXHIBIT P24 TRUE COPY OF THE REPRESENTATION BEFORE
THE SECRETARY, HEALTH AND FAMILY WELFARE
DEPARTMENT
EXHIBIT P25 TRUE COPY OF THE ORDER DATED 28.11.2012
PASSED BY THE KERALA STATE HUMAN RIGHTS
COMMISSION
EXHIBIT P26 TRUE COPY OF THE ORDER DATED 08.01.2013
PASSED BY THE KERALA STATE HUMAN RIGHTS
COMMISSION
EXHIBIT P27 TRUE COPY OF THE COMMUNICATION DATED
28.12.2012
EXHIBIT P28 TRUE COPY OF THE ORDER DATED 31.07.2012
PASSED BY THE HUMAN RIGHTS COMMISSION
EXHIBIT P29 TRUE COPY OF THE RELEVANT PORTION OF THE
REPRESENTATION DATED 05.03.2015 BEFORE
THE FIRST RESPONDENT
EXHIBIT P30 TRUE COPY OF THE RELEVANT PORTION OF THE
WRIT PETITION WPC.NO. 9166/2015 DATED
19.03.2015 BEFORE THE HON'BLE HIGH COURT
OF KERALA AT ERNAKULAM
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
EXHIBIT P32 TRUE COPY OF THE ORDER DATED 28.03.2016
PASSED BY THE UNDER SECRETARY TO
GOVERNMENT, HEALTH AND FAMILIES WELFARE
(A) DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM
