High Court Kerala High Court

State Of Kerala vs Dr.Suganthi David on 28 May, 2008

Kerala High Court
State Of Kerala vs Dr.Suganthi David on 28 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1018 of 2008()


1. STATE OF KERALA, REPRESENTED BY
                      ...  Petitioner
2. THE SPECIAL SECRETARY TO GOVERNMENT
3. THE SUPERINTENDENT, MEDICAL COLLEGES

                        Vs



1. DR.SUGANTHI DAVID, W/O.JOY JACOD
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :28/05/2008

 O R D E R

J.B. Koshy & P.N.Ravindran, JJ.

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W.A. No. 1018 of 2008

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Dated this the 28th day of May, 2008

Judgment

Koshy,J.

Writ petitioner in this case is an Associate Professor in

the Department of Orthopaedics in the Medical College Hospital,

Thiruvananthapuram. She was suspended pending enquiry on the

contention that there was inaction in transferring a detenu under

the Kerala Anti-social Activity (Prevention) Ordinance to the cell

intended for detenus inspite of intimation having been given about

the order of the District Magistrate for detention of the detenu under

the said Ordinance. In support of the above, respondents produced

Ext.R3 (a) to show that the matter was informed to her. Contention

of the petitioner as stated at paragraph 3 of the judgment was that

Ext.R3 (a) was not served on her and what was served was

something else and she has signed only second page. But, we have

verified with the files. The second page is written on the reverse of

the front page and there is continuity. But, last line in the front

page was not legible in the photostat copy produced as Ext.R3 (a).

It shows the signature of the petitioner. Ext.R3 (a) was received by

W.A.No. 1018/2008 2

the appellant. But, by that alone, it cannot be stated there was

purposeful inaction on the part of the appellant in not transferring

the detenu. The learned Judge in the impugned judgment only

directed to withdraw the suspension and continue the disciplinary

action. It is submitted by the counsel for the petitioner that she

was already transferred from the Medical College

Hospital,Thiruvananthapuram. It is not necessary in all cases of

disciplinary matters that parties should be suspended. Since the

learned single Judge has only allowed to continue the disciplinary

action, we are of the opinion that no interference is required in the

operative portion of the judgment. The disciplinary proceedings

shall be continued according to law without suspension

untrammelled by the observations in the judgment of the learned

single Judge or in this judgment.

The writ appeal is disposed of accordingly .

J.B.Koshy
Judge

P.N.Ravindran
Judge

vaa

W.A.No. 1018/2008 3

J.B. KOSHY
AND
P.N.RAVINDRAN,JJ.

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W.A. No. 1018 of 2008

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Judgment

Dated:28th May, 2008