High Court Kerala High Court

S.Gopakumaran Nair vs State Of Kerala on 7 March, 2008

Kerala High Court
S.Gopakumaran Nair vs State Of Kerala on 7 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 37497 of 2007(L)


1. S.GOPAKUMARAN NAIR, SENIOR
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DIRECTOR OF MEDICAL EDUCATION,

3. DR.MANGALAM, JOINT DIRECTOR OF MEDICAL

                For Petitioner  :SRI.S.P.ARAVINDAKSHAN PILLAY

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :07/03/2008

 O R D E R
                        S. SIRI JAGAN, J.
                ------------------------------------
                  W.P.(C)No.37497 OF 2007
              ----------------------------------------
                Dated this the 7th day of March, 2008

                           JUDGMENT

The petitioner is challenging disciplinary proceedings

initiated against him. He raises inter-alia a ground that the

Government has not independently considered the explanation

submitted by the petitioner before deciding to proceed further in

accordance with the Kerala Civil Services (Classification Control

and Appeal) Rules, 1960.

2. The Government pleader would contend that it is after

the Government considered the matter appropriately that the

decision to continue disciplinary proceedings against the

petitioner as per Ext.P5 was taken.

3. I have heard both sides. In Ext.P5 order the

Government has stated thus:

“Memo of charges and statement of allegations
were served on Shri. Gopakumaran Nair vide
reference read as 2nd paper above. Shri.

Gopakumaran Nair submitted the Written
Statement of Defence and the Director of Medical
Education vide letter above reported that Written
Statement of Defence is not satisfactory.”

W.P.(c) No.37497/07 2

Ext.P5 indicates that the Government had gone by the report

of the Director of Medical Education as to whether the written

statement of defence is satisfactory or not. There is nothing in

Ext.P5, which indicates that the Government had

independently considered the written statement of defence

filed by the petitioner before deciding to proceed further as

directed in Ext.P5. The Government being the disciplinary

authority, the Government ought to have independently

considered the written statement of defence before taking a

decision as to whether the same is satisfactory or not.

In the above circumstances, Ext.P5 is quashed and this

writ petition is disposed of with the following directions:

The 1st respondent shall independently consider Ext.P3

written statement of defence submitted by the petitioner and

shall take an independent decision as to whether the same is

satisfactory or not, in order to either continue the disciplinary

proceedings as per the Kerala Civil Services (Classification

Control and Appeal) Rules, 1960, or to drop further

proceedings. Needless to say, further proceedings pursuant to

Ext.P5, already taken, would also stand quashed.

S. SIRI JAGAN, JUDGE
Acd

W.P.(c) No.37497/07 3