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Kerala High Court
Prasanth.R.S vs Dr.Jamuna on 17 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 563 of 2010(S)


1. PRASANTH.R.S,MEDICAL OFFICER,GOVERNMENT
                      ...  Petitioner

                        Vs



1. DR.JAMUNA,W/O.DR.REGHU,AGED 44 YEARS,
                       ...       Respondent

2. DR.SURESH BABU.M.K,(FATHER'S NAME NOT

                For Petitioner  :SRI.P.N.MOHANAN

                For Respondent  :DR.K.P.SATHEESAN

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :17/06/2010

 O R D E R
                         P.N. RAVINDRAN, J.
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              Contempt Case(Civil) No. 563 OF 2010
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               Dated this the 17th day of June, 2010

                               JUDGMENT

The petitioner is presently working as a Medical Officer in

the Government Homoeo Dispensary at Nagaroor in

Thiruvananthapuram District. He applied for general transfer

during the current year. A preliminary transfer order was passed

on 20.03.2010 proposing to transfer him to the Government

Homoeo Dispensary at Chadayamangalam in

Thiruvananthapuram District itself. The petitioner had no

objection to the said order of transfer. However, the second

respondent who had submitted a request for transfer to that

station filed WP(C) No.10839 of 2010 in this Court. The said writ

petition was disposed of by this Court with a direction to the

Director of Homoeopathy to consider his request. Pursuant to

the said direction the Director of Homoeopathy passed an order

of transfer dated 21.04.2010 transferring the second respondent

to Government Homoeo Dispensary, Chadayamangalam. The

proposal to transfer the petitioner was shelved. The petitioner

COC No. 563 OF 2010
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thereupon filed WP(C) No.11837 of 2010 in this Court. The said

writ petition was presented on 27.04.2010 during the vacation

and it came up for admission before me that day itself. On that

writ petition, I passed Annexure A2 order to the effect that if the

second respondent has not taken charge at Chadayamangalam,

the order transferring him shall stand stayed for a period of two

months.

2. This Contempt Case is filed contending that though the

interim order was communicated to the Director of Homoeopathy

and to the local authority which is in charge of the Homoeo

Dispensary, in violation of the said order, records have been

manipulated to make it appear that the second respondent

assumed charge on 27.04.2010 itself at Chadayamangalam. It

is contended that on 27.04.2010 the Homoeo Dispensary at

Chadayamangalam did not function in view of the ‘Harthal’ called

by certain political parties and therefore the statement that the

second respondent assumed charge on 27.04.2010 cannot be

believed or accepted upon.

3. The second respondent has filed a counter affidavit

COC No. 563 OF 2010
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stating that pursuant to the order transferring him to

Chadayamangalam he was relieved from Government Homoeo

Dispensary, Vakkam in the forenoon of 24.07.2010 and that

charge was handed over to the Pahrmacist and the report was

countersigned by the District Medical Officer(Homoeo),

Thiruvananthapuram). It is also submitted that he took charge

at Chadayamangalam after relieving the incumbent

Dr.G.Muraleedharan who was transferred to the Government

Homoeo Dispensary at Melukavu in Kottayam District.

4. The learned Government Pleader appearing for the first

respondent submitted with reference to the attendance register

maintained during the period from January to May, 2010 (both

months inclusive) that, the second respondent assumed charge

at Chadayamangalam after relieving Dr.G.Muraleedharan on

27.04.2010 and that Dr.G.Muraleedharan has not signed the

attendance register after 27.04.2010. The original of the

attendance register was also made available to me. I have

perused the same.

5. I have considered the rival submissions made at the Bar.

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I have also gone through the materials on record and the original

of the attendance register produced before me. The materials on

record disclose that the second respondent had joined duty at

Chadayamangalam in a proper manner after being relieved from

Vakkam. The second respondent also took charge at

Chadayamangalam after relieving Dr.G.Muraleedharan who was

under orders of transfer to the Government Homoeo Dispensary

at Melukavu in Kottayam District. In such circumstances it cannot

be said that the respondents have willfully violated the directions

of this Court. In such circumstances I find no ground to proceed

further with this Contempt Case. It is accordingly closed.

P.N. RAVINDRAN,
JUDGE.

ttb

COC No. 563 OF 2010
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