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
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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
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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
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