Kerala High Court
State Of Kerala vs Dr.K.Jyothindra Kumar on 25 August, 2020
Bench: A.M.Shaffique, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942
OP(KAT).No.392 OF 2019
AGAINST THE ORDER IN OA 2616/2016 DATED 26-08-2019 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 & 2 IN O.A.:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF MEDICAL EDUCATION,
DIRECTORATE OF MEDICAL EDUCATION, GOVERNMENT
MEDICAL COLLEGE CAMPUS, MEDICAL COLLEGE POST,
THIRUVANANTHAPURAM-695 011.
BY SRI. ANTONY MUKKATH - SR.G.P.
RESPONDENTS/APPLICANT & 3RD RESPONDENT IN O.A:
1 DR.K.JYOTHINDRA KUMAR
S/O.V.KRISHNAN NAIR, JOINT DIRECTOR (GENERAL),
DIRECTORATE OF MEDICAL EDUCATION, GOVERNMENT
MEDICAL COLLEGE CAMPUS, MEDICAL COLLEGE POST,
THIRUVANANTHAPURAM-695 011, NOW UNDER THE ORDERS
OF TRANSFER AS PRINCIPAL DENTAL COLELGE,
THRISSUR AND RESIDING AT PREM JYOTHI, BN-5,
SREEKRISHNA NAGAR, PONGUMOODU, MEDICAL COLLEGE
POST OFFICE, THIRUVANANTHAPURAM-695 011
(MOB.93499445572).
OP(KAT) No.392/2019 & conn.cases
-:2:-
2 DR.JOLLY MARY VARUGHESE,
PRINCIPAL GOVERNMENT DENTAL COLLEGE THRISSUR
AND NOW TRANSFERRED AND POSTED AS JOINT
DIRECTOR (GENERAL), DIRECTORATE OF MEDICAL
EDUCATION, GOVERNMENT MEDICAL COLLEGE CAMPUS,
MEDICAL COLELGE POST,
THIRUVANANTHAPURAM-695 011.
R1 BY ADV. SRI.M.R.SUDHEENDRAN
R1 BY ADV. SRI.JOHNSON GOMEZ
R1 BY ADV. SRI.C.V.BIMAL ROY
R1 BY ADV. SMT.UTHARA A.S
R1 BY ADV. SRI.D.JAYAKRISHNAN
R2 BY ADV. SMT.S.SUJINI
SRI. JOSEPH KODIANTHARA-SR. FOR R1
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 10-08-2020, ALONG WITH OP(KAT).415/2019,
OP(KAT).416/2019, THE COURT ON 25-08-2020 DELIVERED THE
FOLLOWING:
OP(KAT) No.392/2019 & conn.cases
-:3:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942
OP(KAT).No.415 OF 2019
AGAINST THE ORDER IN OA 1273/2017 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDNETS 1 & 2 IN OA:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT, HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001, KERALA.
2 DIRECTOR OF MEDICAL EDUCATION,
DIRECTORATE OF MEDICAL EDUCATION, GOVERNMENT
MEDICAL COLLEGE, CAMPUS, MEDICAL COLLEGE POST,
THIRUVANANTHAPURAM, KERALA-695 011.
BY SRI. ANTONY MUKKATH - SR.G.P.
RESPONDENTS/APPLICANTS & 3RD RESPONDENT IN OA:
1 DR.K.JYOTHINDRA KUMAR,
S/O V.KRISHNAN NAIR, JOINT DIRECTOR OF MEDICAL
EDUCATION GENERAL, DIRECTORATE OF MEDICAL
EDUCATION, GOVERNMENT MEDICAL COLLEGE CAMPUS,
MEDICAL COLLEGE POST, THIRUVANANTHAPURAM-695
011, AFTER THE ORDERS OF TRANSFER AS PRINCIPAL
DENTAL COLLEGE, THRISSUR, NOW UNDER SUSPENSION,
RESIDING AT PREM JYOTHI, BN-5, SREEKRISHNA
NAGAR, PONGUMMODU, MEDICAL COLLEGE POST OFFICE,
THIRUVANANTHAPURAM, KERALA-695 011.
OP(KAT) No.392/2019 & conn.cases
-:4:-
2 DR. JOLLY MARY VARUGHESE,
PRINCIPAL GOVERNMENT DENTAL COLLEGE, THRISSUR
AND NOW TRANSFERRED AND POSTED AS JOINT
DIRECTOR (GENERAL), DIRECTORATE OF MEDICAL
EDUCATION, GOVERNMENT MEDICAL COLLEGE CAMPUS,
MEDICAL COLLEGE POST, THIRUVANANTHAPURAM,
KERALA-695 011.
R1 BY SRI.JOSEPH KODIANTHARA-SR
R1 BY ADV. SRI.M.R.SUDHEENDRAN
R1 BY ADV. SRI.C.V.BIMAL ROY
R2 BY ADV. SMT.S.SUJINI
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 10-08-2020, ALONG WITH OP(KAT).392/2019,
OP(KAT).416/2019, THE COURT ON 25-08-2020 DELIVERED THE
FOLLOWING:
OP(KAT) No.392/2019 & conn.cases
-:5:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942
OP(KAT).No.416 OF 2019
AGAINST THE ORDER IN OA 2040/2017 DATED 26-08-2019 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENTS IN OA:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO
THE GOVERNMENT, HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA-695001.
2 THE DIRECTOR OF MEDICAL EDUCATION,
DIRECTORATE OF MEDICAL EDUCATION, GOVERNMENT
MEDICAL COLLEGE CAMPUS, MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM, KERALA-695011.
3 THE JOINT DIRECTOR OF MEDICAL
EDUCATION(MEDICAL)
DIRECTORATE OF MEDICAL EDUCATION, GOVERNMENT
MEDICAL COLLEGE CAMPUS, MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM, KERALA-695011.
BY SRI. ANTONY MUKKATH - SR.G.P.
OP(KAT) No.392/2019 & conn.cases
-:6:-
RESPONDENT/APPLICANT IN OA:
DR.K.JYOTHINDRA KUMAR
S/O. KRISHNAN NAIR, JOINT DIRECTOR OF MEDICAL
EDUCATION-GENERAL, GENERAL, DIRECTORATE OF
MEDICAL EDUCATION, GOVERNMENT MEDICAL COLLEGE
CAMPUS, MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM, KERALA-695011. AFTER THE
ORDERS OF TRANSFER AS PRINCIPAL, DENTAL
COLLEGE, THRISSUR NOW UNDER SUSPENSION AND
RESIDING AT PREM JYOTHI, BN-5,
P.O.THIRUVANANTHAPURAM, KERALA-695011.
R1 BY ADV.SRI.JOSEPH KODIANTHARA-SR
R1 BY ADV. SRI.M.R.SUDHEENDRAN
R1 BY ADV. SRI.C.V.BIMAL ROY
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 10-08-2020, ALONG WITH OP(KAT).392/2019,
OP(KAT).415/2019, THE COURT ON 25-08-2020 DELIVERED THE
FOLLOWING:
OP(KAT) No.392/2019 & conn.cases
-:7:-
JUDGMENT
[OP(KAT) Nos.392, 415 & 416/2019] Dated this the 25th day of August, 2020 Shaffique, J.
These Original Petitions have been filed by the State of Kerala and the Director of Medical Education challenging orders passed by the Kerala Administrative Tribunal in three separate applications filed by Dr.K.Jyothindra Kumar, the 1 st respondent herein. No challenge is made against the order in OA Nos.1011/2018 and 1974/2018, which forms part of the common order.
2. The short facts of the case are as under and the parties are referred to as shown in the Original Application unless otherwise stated. The applicant Dr.K.Jyothindra Kumar while working as Joint Director of Medical Education (General) [for short JDME (G)], was transferred and appointed as the Principal Dental College, Thrissur as per order dated 11/11/2016. By the very same order, Dr.Jolly Mary Varughese was appointed as JDME(G). OP(KAT) No.392/2019 & conn.cases -:8:- The applicant raised a contention that the post of Principal, Dental College is a lower post and therefore, it amounts to reversion which is not permissible as per Rules. Therefore, he challenged the order dated 11/11/2016 by filing OA No.2616/2016. The contention urged by the applicant was that there was substantial difference in the emoluments, powers, jurisdiction and that apart, the senior most among the Principals are appointed as JDME (G). The Government took up a contention that the post of Principal and JDME(G) carries the very same scale of pay and both the posts are interchangeable. The Tribunal while evaluating the respective contentions observed that in view of the vast difference in the matter of jurisdiction, emoluments and the powers which are delegated to each of them, it has to be held that the post of JDME(G) is superior than the Principal and therefore, it is not interchangeable and amounts to reversion to a lower post. Accordingly, the order dated 11/11/2016 was set aside.
3. Though the applicant was relieved from the post of JDME(G), he did not join the post as Principal. He submitted applications for leave on medical grounds. In the meantime, it OP(KAT) No.392/2019 & conn.cases -:9:- appears that a report (Annexure A6) was submitted by the Vigilance and Anti Corruption Bureau (VACB) alleging that the applicant was undertaking private practice in violation of the Rules. Pursuant to the said report, the applicant was placed under suspension as per order dated 26/4/2017 (Annexure A1). Thereafter he was issued with Annexure A3 memo of charges dated 26/4/2017 alleging that he was undertaking private practice at his residence. Earlier he was served with Government letter dated 6/4/2017 (Annexure A4), to explain why he was maintaining a separate attendance register for Dental service, and further alleging that the Government was misguided to issue an order dated 1/12/2015. Yet another memo of charges dated 11/4/2017 (Annexure A5) was also issued to the applicant alleging misuse of official vehicle. Applicant therefore challenged Annexures A1, A3, A4, A5 and A6 by filing OA No.1273/2017. The Tribunal found that the only reason for suspending the applicant from service was the report of the Director, VACB. It was held that, as no independent enquiry was conducted by the Government in terms of Rule 10 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, the order of OP(KAT) No.392/2019 & conn.cases -:10:- suspension does not satisfy the requirements under the aforesaid Rules. The order of suspension was hence found to be invalid. The Tribunal after considering the respective contentions quashed Annexures A3 and A5 on the ground that those were issued only as per directions by VACB. Annexure A4 notice had been cancelled by the Government as per its order dated 11/11/2017.
4. Again yet another memo of charges dated 21/6/2017 has been issued against the applicant alleging unauthorised absence as he did not report for duty as Principal of Dental College, Thrissur. The said memo of charges was challenged by filing OA No.2040/2017. The Tribunal directed the Government to consider the applicant's leave application and take a decision. However, it was observed that the 1 st respondent will be free to consider whether there are sufficient materials to proceed against the applicant and, if so, the 1st respondent had to intimate the applicant of the same within two months.
5. While impugning the aforesaid directions, learned Senior Government Pleader Sri.Antony Mukkath argued that the post of JDME(G) and Principal of Dental College carries the same scale of pay and are posts which are similar in nature. It is OP(KAT) No.392/2019 & conn.cases -:11:- pointed out that there was no separate post of Principal for Dental College until the year 1996 and such a post has been created as per Government Order dated 4/3/1996. The post of the Director of Medical Education and Joint Director of Medical Education was constituted under the Department of Health for co-ordinating all the activities of medical education in the State relating to the training and service of medical, dental, nursing and paramedical personnel as per GO(MS) No.102/83/HD dated 10/5/1983 issued by the Health (B) Department. In the said order, Sl.No.2 was "Joint Director equivalent to Principal Medical College
- (one in the cadre of Principal, Medical College Service and the other in Dental College Service)". Learned Government Pleader further points out that earlier also, these two posts were interchangeable as evident from Government Order dated 8/5/2012, by which Dr.M.K.Mangalam, who was working as JDME(G) was transferred and posted as Principal of Government Dental College, Kozhikode and the applicant who was working as Principal, Government Dental College, Kottayam was posted as JDME(G). Reliance is also placed on Ext.P6 GO(MS) No.100/2008/H&FWD dated 7/4/2008 wherein the qualification OP(KAT) No.392/2019 & conn.cases -:12:- and method and appointment of the faculties under Medical Education Service was modified and in the administrative cadre, Category No.I was Director of Medical Education and Category II, Joint Director of Medical Education(Medical)/Principals of Medical Colleges. It was therefore argued that all along, JDME, either Medical or General, is equated to the category of Principals of Medical Colleges and therefore, it is an interchangeable post. Learned Government Pleader submitted that the applicant had filed a writ petition earlier staking a claim to the post of Director of Medical Education. The writ petition was dismissed and he preferred an appeal as WA No. 1183/2011 and the decision is reported in Jyothindrakumar v. State of Kerala (2012 (2) KLT
33). The learned Government Pleader submitted that, in that case, appellant had taken up a contention that Joint Director (General) post is equivalent to the post of Principal of a Dental College and therefore, he is entitled for being considered for the post of Director of Medical Education. It is argued that in the present lis, a totally contradictory stand has been taken by the applicant.
6. On the other hand, Sri.Joseph Kodianthara, learned OP(KAT) No.392/2019 & conn.cases -:13:- senior counsel appearing on behalf of the applicant would submit that the Tribunal having considered the entire matter had arrived at a finding that the post of Principal was a lower post than that of JDME (G). In the absence of any perversity in the said finding, there is no reason for this Court to interfere with the said finding of fact. Learned counsel also pointed out that as per the usual procedure, the senior most among the Principals are appointed as JDME(G). JDME(G) has control over all the Dental Colleges and therefore though both the posts carry the same scale of pay, the post of Principal is considered to be a lower post than that of JDME(G). Learned counsel also placed reliance on the judgment in Jyothindrakumar's case (supra), wherein at paragraph 18, Division Bench of this Court observed "The Dental College Service, however, considering the lesser significance, for reason inter alia of number of colleges and hence students being lesser, provides an incumbent to rise up to the post of Joint Director (General)." Therefore, the argument is that even in the aforesaid case, this Court accepted the fact that the topmost post in the stream of Dentistry is Joint Director (General).
7. The applicant had already retired from service, and OP(KAT) No.392/2019 & conn.cases -:14:- therefore the question relating to interchangeability of the post of Principal of Dental College and JDME(G) remains academic. However, since the Tribunal had arrived at a conclusion that the post of Principal of Dental College and JDME(G) are two different posts and not interchangeable, it is necessary for us to consider whether the aforesaid posts are interchangeable or not.
8. In a counter affidavit filed by Dr.Jolly Mary Varughese in OP(KAT) No.392/2019, she submitted that, as on 9/3/2020 (date of the affidavit), she was not occupying the post of JDME(G).
9. In Jyothindrakumar's case (supra), Division Bench was considering a case set up by the appellant, who was aspiring for the post of Director of Medical Education which has been rejected. Of course, in the said case, he took up a contention that the post of Principal of a Dental College is equivalent to the post of Principal of a Medical College and therefore, JDME (G) is also an equivalent post. Though the applicant had taken up such a contention in the said case, still it has to be considered whether, on facts, the post of Principal of a Dental College and JDME(G) is interchangeable or not, which has not been considered in the said OP(KAT) No.392/2019 & conn.cases -:15:- case. But the observation in paragraph 18 which we have extracted earlier may not help the applicant as later on in the very same judgment, the learned Judge held that "Ext.P22 provides for two posts in the administrative cadre, being Director of Medical Education and Joint Director of Medical Education(M)/Principal of Medical Colleges. Obviously the administrative cadre available in the Dental College Service is of the Joint Director of Medical Education (G)/Principal of Dental Colleges." Therefore, we have to consider the present case irrespective of the observations made in Jyothindrakumar's case (supra). There is no dispute about the fact that the cadre of JDME(G) was created as per Government Order dated 10/5/1983, In the said order, two posts were sanctioned and it was clearly indicated as under:-
"Joint Director equivalent to Principal Medical College-(one in the cadre of Principal, Medical College Service and the other in Dental College Service)".
10. When a post has been created as Joint Director which is equivalent to the post of Principal, Medical College Service and the other in Dental College Service, there is a reason. At that time, post of Principal was not sanctioned to a Dental College OP(KAT) No.392/2019 & conn.cases -:16:- which was done only by Government Order dated 4/3/1996. Two posts of Principal were created in the Dental College stream, one at Thiruvananthapuram and one at Kozhikode. That the posts of Principal and JDME(G) were interchangeable is evident from the fact that as per Government Order dated 5/5/2006, 4 senior most Professors in Dental Education Service were promoted to the post of Principal. Dr.M.K.Mangalam was promoted as Principal and posted as JDME(G). The applicant was promoted as Principal and posted at Government Dental College, Thiruvananthapuram. Similarly two other Professors were promoted and posted as Principals at Government Dental College Kozhikode and Kottayam. Subsequently, as per Government Order dated 8/5/2012, Dr.M.K.Mangalam who was working as JDME(G) was transferred and posted as Principal, Government Dental College, Kozhikode and consequently the applicant was posted as JDME(G). In a reply statement filed on behalf of the 1 st respondent, it is stated that, from 1983 to 1996, only the senior- most Professor among all the specialties in the Dental stream was posted as JDME(G). When in the Government Order dated 10/5/1983, it was made clear that the Joint Director is equivalent OP(KAT) No.392/2019 & conn.cases -:17:- to Principal, Medical College, when the post of Principal is created, it would become equivalent to the post of JDME(G). It is also the case of the Government that the nature of duties and responsibilities are different and it varies as per the nature of post. But when the Government have treated both the posts as equivalent and when Professors are being appointed to the post of JDME(G) and when the scale of pay are the same, despite the allowances, the posts are interchangeable on administrative exigencies.
11. Learned Government Pleader's main submission is that when the medical stream JDME(M) is treated as equivalent to Principal of Medical College, the same parameter applies when a post of Principal is created in the Dentistry stream. There is justification for the contention by the learned Government Pleader. The post of Principal has been created only as per Government Order dated 4/3/1996. Prior to 1996, the post of Principal was not available in the Dentistry stream but there was a post of Joint Director which was created in terms of Government Order dated 10/5/1983. The said Joint Director was to function under "the Dental College Service". That is the reason why, in the OP(KAT) No.392/2019 & conn.cases -:18:- Government Order dated 10/5/1983, there is no reference to the word Principal, Dental College. But once such a post has been created as reflected in the Government Order dated 4/3/1996, and all along the Government had treated the said two posts as similar and interchangeable, the Court or Tribunal cannot take a different view. It is apparent that the functions and duties of both the posts are entirely different. But when in medical stream a Principal of Medical college is considered to be equivalent to JDME(M), the same principle would apply in the case of Dentistry stream as well even in the absence of any special rules. The very fact that Principal is appointed to the post of JDME and vice versa clearly indicates that the posts are interchangeable.
12. In the light of the aforesaid discussion, the Tribunal was not justified in arriving at a conclusion that those posts are not interchangeable.
13. In the result, the finding of the Tribunal that the order dated 11/11/2016 by which the applicant was transferred and posted at Dental College, Thrissur, is not a transfer to an equivalent post has to be set aside.
14. The report of VACB apparently only is a quick OP(KAT) No.392/2019 & conn.cases -:19:- verification report wherein the Superintendent of Police, VACB had recommended the following:-
"(a) Explanation may be obtained from Dr.K.Jyothindra Kumar, Joint Director of Medical Education (General) of the non compliance of the instructions issued vide GO(Rt) 3989/15/H & FWD dated 11/12/2015.
(b) The Secretary to Government (H & FWD) may be addressed to ensure what action may be initiated against Dr.K.Jyothindra Kumar, Joint Director of Medical Education (General) on the basis of KL.No.CA/65/14/DME dated 19/12/2014.
(c) Action may be initiated in the enquiry report of Finance Inspection Wing (NT-D) Government Secretariat dated 27/11/2014 regarding the misuse of department vehicle bearing KL-01/BM 4768 by Dr.K.Jyothindra Kumar for the year of 2014.
(d) Departmental action may be taken against Dr.K.Jyothindra Kumar, Joint Director of Medical Education (General) for his private practice at his residence in violating of GO(P) 345/09/H & AWD dated 1/10/2009."
15. In the order dated 26/4/2017, the only reason stated for suspending the Government servant is that as per the report of VACB dated 22/9/2016, it was reported that the delinquent officer while working as JDME(G) was found engaged in private practice by examining patients at his residence and it was recommended to take departmental action. As rightly observed OP(KAT) No.392/2019 & conn.cases -:20:- by the Tribunal, in Ramesh Chennithala v. State of Kerala and Others (2018 KHC 716) while considering the validity of a recommendation by the VACB, it was held that whenever there is necessity of disciplinary action, the VACB will have to report the matter to the Government, and it is for the Government to consider whether the allegations raised against the delinquent officer are necessary for the purpose of suspending him from service.
16. As far as the disciplinary proceedings initiated against the applicant is concerned, we do not think that we should interfere with the finding of the Tribunal. Memo of charges had been issued based on a report of the VACB and there is no independent consideration of the same by the Government. Therefore, there is justification on the part of the Tribunal in setting aside Annexures A3 and A5 in those cases.
17. The Tribunal has set aside the order of suspension of the applicant since it was observed that it is solely based on the recommendations of VACB. We do not think that we should interfere with the said finding. The disciplinary authority will have to arrive at its own conclusion regarding the basis on which an OP(KAT) No.392/2019 & conn.cases -:21:- order of suspension is issued and that too against a senior officer. The Tribunal was therefore justified in setting aside the order of suspension especially when the memo of charges had been set aside. The Tribunal had permitted the Government to initiate proceedings if so advised. The Tribunal had further permitted the Government to find out whether there are sufficient materials to proceed against the applicant. We do not think that there is any necessity to interfere with the said direction.
In the result, these original petitions are disposed of as under:-
(i) OP(KAT) No.392/2019 is allowed. The order passed by the Tribunal setting aside the order of transfer dated 11/11/2016 stands set aside and we uphold the order of transfer.
(ii) OP(KAT) Nos. 415/2019 and 416/2019 are dismissed.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
GOPINATH P.
Rp JUDGE
OP(KAT) No.392/2019 & conn.cases
-:22:-
APPENDIX OF OP(KAT) 392/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE OA ALONG WITH EXHIBITS.
EXHIBIT P1(A1) TRUE PHOTOCOPY OF G.O.
(RT)NO.3049/2016/H & FWD DATED
THIRUVANANTHAPURAM 11.11.2016.
EXHIBIT P1(A2) TRUE PHOTOCOPY OF GO(MS)102/83/HD DATED
10.05.1983.
EXHIBIT P1(A3) TRUE PHOTOCOPY OF GO(P)261/75/HEALTH
DATED 27.10.1975 BEARING SRO
NO.1066/1975.
EXHIBIT P1(A4) TRUE PHOTOCOPY OF G.O.NO.99/96/H & FWD
DATED 04.03.1996.
EXHIBIT P1(A5) TRUE PHOTOCOPY OF G.O.(P)219/84/HEALTH
DATED 07.08.1984.
EXHIBIT P1(A6) TRUE PHOTOCOPY OF G.O.(P)288/99/H & FWD
DATED 15.07.1999.
EXHIBIT P1(A7) TRUE PHOTOCOPY OF GO(P)496/2013/H & FWD
DATED 21.12.2013.
EXHIBIT P1(A8) TRUE PHOTOCOPY OF TREASURY WITHDRAWAL
SLIP OF THE DIRECTORATE.
EXHIBIT P1(A9) TRUE PHOTOCOPY OF LETTER
NO.6941/S1/14/G & FWD DATED 01.01.2015. EXHIBIT P1(A10) TRUE PHOTOCOPY OF G.O. (RT)NO.3795/2015/H &FWD DATED 24.11.2015.
EXHIBIT P1(A11) TRUE PHOTOCOPY OF G.O.(RT)3989/2015/H & FWD DATED 11.12.2015.
OP(KAT) No.392/2019 & conn.cases -:23:- EXHIBIT P1(A12) TRANSFER NORMS AS PER G.O. (MS)NO.109/87/H & FWD DATED 28.05.87. EXHIBIT P1(A13) TRUE PHOTOCOPY OF THE DRAFT PROPOSAL NUMBER K3/928/2016/DME DATED 28.04.2016. EXHIBIT P1(A14) GOVERNMENT SANCTION OF MEDICAL LEAVE FROM 03.06.2008 TO 17.07.2010 VIDE G.O(RT)NO.4001/2013/H & FWD DATED 02.12.2013.
EXHIBIT P1(A15) COPY OF COMPLAINT SUBMITTED TO THE FIRST RESPONDENT BY APPLICANT DATED 18.07.2016.
EXHIBIT P1(A16) TRUE COPY OF THE MINUTES OF THE MEETING TAKEN BY THE 1ST RESPONDENT BEARING NO.61939/B1/14/H & FWD DATED 11.03.2015. EXHIBIT P1(A17) TRUE COPY OF THE REPRESENTATION VIA EMAIL BEFORE THE 1ST RESPONDENT DATED 15.11.2016.
EXHIBIT P2 PHOTOCOPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT.
EXHIBIT P2 [R2(A)] TRUE COPY OF THE ORDER G.O. (RT)NO.1391/2006/H & FWD DATED 05.05.2006.
EXHIBIT P2 [R2(B)] TRUE COPY OF THE ORDER G.O. (RT)NO.1554/2012/H & FWD DATED 08.05.2012.
EXHIBIT P2 [R2(C)] TRUE COPY OF THE ORDER NO.G.O. (RT)NO.1770/2009/H & FWD DATED 24.06.2009.
EXHIBIT P2 [R2(C)] TRUE COPY OF THE ORDER NO.G.O. (RT)NO.1770/2009/H & FWD DATED 24.06.2009.
OP(KAT) No.392/2019 & conn.cases -:24:- EXHIBIT P2 [R2(D)] TRUE COPY OF THE LETTER NO.E9(QV 29/2015/TVM/HEALTH) 209939/15 DATED 12.08.2016.
EXHIBIT P2[R2(E)] TRUE COPY OF THE REPORTS OF DENTAL COUNCIL OF INDIA DATED 06.12.2016.
EXHIBIT P2[R2(F)] TRUE COPY OF THE REPORTS OF DENTAL COUNCIL OF INDIA DATED 30.12.2016.
EXHIBIT P2[R2(G)] TRUE COPY OF THE G.O.(RT)NO.2691/2007/H & FWD DATED 21.08.2007.
EXHIBIT P2[R2(H)] TRUE COPY OF GO(MS)102/83/HD DATED 10.05.1983.
EXHIBIT P2[R2(I] TRUE COPY OF THE JUDGMENT IN WA NO.1183/2011.
EXHIBIT P3 PHOTOCOPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT WITH ANNEXURES. EXHIBIT P3[R3(A)] TRUE COPY OF THE GO(RT)NO.1554/2012/H & FWD DATED 08.05.2012.
EXHIBIT P3[R3(B)] TRUE COPY OF THE LETTER NO.CA/55/14/DME DATED 19.12.2014 ISSUED BY THE DIRECTOR OF DME.
EXHIBIT P3[R3(C)] TRUE COPY OF THE JUDGMENT DATED 06.03.2012 OF THE HONOURABLE HIGH COURT IN WA NO.1183/2011.
EXHIBIT P3[R3(D)] TRUE COPY OF THE LETTER NO.E9/ (QV)29/2015/TVM/HEALTH)120939/15 DATED 09.08.2016.
EXHIBIT P3[R3(E)] TRUE COPY OF THE GO(MS)NO.102/83/HD DATED 10.05.1983 OF HEALTH (B) DEPARTMENT.
EXHIBIT P3[R3(F)] TRUE COPY OF COMPLAINT PETITION SUBMITTED BY THE STAFF WORKING IN THE OP(KAT) No.392/2019 & conn.cases -:25:- MEDICAL EDUCATION DIRECTORATE.
EXHIBIT P3[R3(G)] COVERING LETTER DATED 07.09.2015 OF THE DIRECTOR, MEDICAL EDUCATION.
EXHIBIT P4 PHOTOCOPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT.
EXHIBIT P5 PHOTOCOPY OF THE ORDER DATED 26.08.2019 IN OA NO.2616/2016.
EXHIBIT P6 PHOTOCOPY OF THE RELEVANT PAGES OF THE GOVERNMENT ORDER DATED 07.04.2008. EXHIBIT P7 PHOTOCOPY OF THE NOTIFICATION DATED 22.12.2001.
EXHIBIT P8 PHOTOCOPY OF THE ORDER DATED 30.12.2005. EXHIBIT P9 PHOTOCOPY OF THE GO DATED 01.06.2019. RESPONDENT'S EXHIBITS:
EXHIBIT R2(a): TRUE COPY OF THE G.O.(RT) NO.1318/2019/H & FWD DATED 01/06/2019.
EXHIBIT R2(b): TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPUTAM, KERALA AS ORDER NO.G4/25624(1)/15/DME; DATED 01/06/2019.
EXHIBIT R2(c): TRUE COPY OF THE G.O.(RT) NO.1406/2019/2019/H & FWD DATED 12/06/2019.
EXHIBIT R2(d): TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF MEDICCAL EDUCATION, THIRUVANANTHAPURAM, KERALA AS ORDER NO.G4/25624/15/DME DATED 03/10/2019.
ANNEXURE R1 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO.11470/2005 OP(KAT) No.392/2019 & conn.cases -:26:- APPENDIX OF OP(KAT) 415/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE OA NO 1273/2017 ALONG WITH ITS ANNEXURES.
EXHIBIT P1(A1) TRUE PHOTOCOPY OF GO(RT) NO 1200/2017 H&FWD DATED 26.4.2017 SUSPENDING THE APPLICANT.
EXHIBIT P1(A2) TRUE PHOTOCOPY OF GO(RT) NO 3049/2016 H&FWD DATED 11.11.2016 TRANSFERRING THE APPLICANT.
EXHIBIT P1(A3) TRUE PHOTOCOPY OF MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS NO 123/B1/2017/H &FWD DATED 26.4.2017 FORWARDED ALONG WITH A LETTER NO G4/34073/2016 DME DATED 17.5.2017 EXHIBIT P1(A4) TRUE PHOTOCOPY OF SHOW CAUSE NOTICE NO 20/B1/2017 H &FWD DATED 6.4.2017 FORWARDED ALONG WITH A LETTER NO G4/34073/2016 DATED 22.4.2017 EXHIBIT P1(A5) TRUE PHOTOCOPY OF MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS NO 19/N1/2017/H & FWD DATED 11.4.2017 FORWARDED ALONG WITH A LETTER NO C2/34965/2016/DME DATED 3.5.2017 EXHIBIT P1(A6) TRUE PHOTOCOPY OF THE QUICK VERIFICATION REPORT AND FILE PROVIDED BY THE STATE PUBLIC INFORMATION OFFICER AND DEPUTY SECRETARY, HEALTH & FAMILY WELFARE UNDER THE RTI ACT VIDE LETTER NO 1003942/SI/2016/H & FWD DATED 20.1.2017 EXHIBIT P1(A7) TRUE PHOTOCOPY OF APPEAL DATED 30.4.2017 FILED BEFORE THE APPELLATE OP(KAT) No.392/2019 & conn.cases -:27:- AUTHORITY UNDER THE RTI ACT.
EXHIBIT P1(A8) TRUE PHOTOCOPY OF THE REPLY OF THE APPELLATE AUTHORITY H &FWD VIDE LETTER NO SL-122/2017 HEALTH DATED 30.5.2017 ALONG WITH THE DOCUMENTS.
EXHIBIT P1(A9) TRUE PHOTOCOPY OF THE REPLY DATED 8.5.2017 TO THE 1ST RESPONDENT EXHIBIT P1(A10) TRUE PHOTOCOPY OF THE REPRESENTATION WITH ORDER OF THE SECRETARY, HEALTH & FAMILY WELFARE DR. K. ELLANGOVAN. IAS DATED 21.2.2014 MINUTED ON THE TOP RIGHT OF IT CALLING FOR SPECIFIC REMARKS OF JDME-DENTAL.
EXHIBIT P1(A11) TRUE PHOTOCOPY OF GO(RT) NO 3795/2015/H& FWD DATED 24.11.2015. EXHIBIT P1(A12) TRUE PHOTOCOPY OF GO(RT) NO 3989/2015/H& FWD DATED 11.12.2015 EXHIBIT P1(A13) TRUE PHOTOCOPY OF THE LETTER NO 38/CA/JDME-G/2016 DATED 31.10.2016 SUBMITTED BY THE APPLICANT EXHIBIT P1(A14) TRUE PHOTOCOPY OF THE REGISTRATION CERTIFICATE OF VEHICLE KL 01 BM 4768 BELONGING TO KERALA PARAMEDCIAL COUNCIL ALLOTTED TO JDNE-G. EXHIBIT P1(A15) TRUE PHOTOCOPY OF THE LETTER NO 60941/S1/14/H & FWD DATED 1.1.2015 EXHIBIT P1(A16) TRUE COPY OF THE GO(P) NO 233/22/FINANCE DATED 17.4.2002 EXHIBIT P1(A17) TRUE COPY OF COMPLAINT DATED 4.1.2016 WITH THE HITEC CRIME CELL OF KERALA POLICE.
OP(KAT) No.392/2019 & conn.cases -:28:- EXHIBIT P1(A18) TRUE PHOTOCOPY OF REPLY LETTER NO HTEC5-19602/2016/PHQ DATED 4.2.2016 OF THE ASSISTANT COMMANDANT HG, HI TECH CRIME ENQUIRTY CELL HQ.
EXHIBIT P1A(19) TRUE PHOTOCOPY OF COMPLAINT NO 366/2017 FILED BEFORE THE KERALA STATE COMPLAINT AUTHORITY EXHIBIT P1(A20) COPY OF THE APPEAL PETITION UNDER RTI ACT DATED 6.6.2017 EXHIBIT P2 PHOTOCOPY OF THE REPLY STATEMENT OF THE 1ST RESPONDENT EXHIBIT P2(R1(A) TRUE COPY OF GO(RT) NO 3202/2017/H&FWD DATED 11.11.2017 EXHIBIT P2(R1(B) TRUE COPY OF LETTER NO 20/B1/17/H&FWD DATED 28.11.2017 EXHIBIT P2(R1(C) TRUE COPY OF FINANCE INSPECTOR WING (NT0D) DEPARTMENT HAS SUBMITTED A REPORT DATED 27.11.2014 EXHIBIT P3 A PHOTOCOPY OF THE REJOINDER ALONG WITH ITS ANNEXURES.
EXHIBIT P3(A21) TRUE PHOTOCOPY OF THE GO(P) NO 496/2013/H&FWD DATED 21.12.2013 SANCTIONING ADMINISTRATIVE ALLOWANCES OF 25% OF THE BASIC PAY AND DA ALSO PAYABLE ON THIS ADMINISTRATIVE ALLOWANCE FOR JDME-G EXHIBIT P3(A22) TRUE PHOTOCOPY OF THE TREASURY MONTHLY SALARY WITHDRAWAL SLIP OF THE DIRECTORATE FOR DECEMBER-2015 EXHIBIT P3 (A-23) TRUE PHOTOCOPY OF WITNESS STATEMENT OF MR.SUMEER KARUN WHICH FORMS PART OF THE VACAB QUICK VERIFICATION ENQ2UIRTY FILE/ REPORT OP(KAT) No.392/2019 & conn.cases -:29:- EXHIBIT P3(A-24) TRUE PHOTOCOPY OF EXHIBIT F/DOMAIN DOSSIER OF THE WEBSITE IN THE QV REPORT EXHIBIT P3(A-25) TRUE PHOTOCOPY OF REPLY LETTER NO HTEC5-19602/2016/PHQ DATED 4.2.2016 FROM THE ASSISTANT COMMANDANT HI TECH CELL EXHIBIT P3(A-26) TRUE PHOTOCOPY OF THE PRINTOUT OF THE WEBSITE MARKED AS EXHIBIT E IN THE QV REPORT BY VACB EXHIBIT P3(A-27) TRUE PHOTOCOPY OF QV REPORT BY VACB H/REFERRAL SLIP MARKED IN THE SAID QV REPORT BY VACB RECEIPT NO 151927/17 HEALTH EXHIBIT P3(A-28) TRUE PHOTOCOPY OF THE SAID COPY OF THE EXHIBIT H/OP REGISTRAR MARKED IN TE SAID QV REPORT BY VACB DATED 3.2.2016 EXHIBIT P3(A-29) TRUE PHOTOCOPY OF LETTER DATED 10.6.2017 BY SRI. DAMODARAN DATED ADDRESSED TO THE 1ST RESPONDENT EXHIBIT P3(A30) TRUE PHOTOCOPY OF LETTER DATED 25.6.2017 BY DR. OOMMEN AJU JACOB ADDRESSED TO THE 1ST RESPONDENT EXHIBIT P3(A31) TRUE COPY OF GO(RT) NO 2545/2018/H&FWD DATED 10.8.2018 POSING THE APPLICANT AGAIN AS PRINCIPAL, GOVERNMENT DENTAL COLLEGE, THRISSUR.
EXHIBIT P3 (A32) TRUE PHOTOCOPY OF THE ORDER PASSED BY THE TRIBUNAL IN OA 950/2015 DATED 9.6.2015.
OP(KAT) No.392/2019 & conn.cases -:30:- EXHIBIT P3(A33) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE GOVERNMENT FILE NO 61507/SI/2014 H&FWD OBTAINED UNDER THE RIGHT TO INFORMATION ACT AND GO(RT) NO 3795/2015/H& FWD DATED 24.11.2015 EXHIBIT P3(A34) TRUE PHOTOCOPY OF THE GOVERNMENT ORDER GO (RT) NO 3989/2015/H &FWD DATED 11.12.2015 EXHIBIT P3(A35) TRUE PHOTOCOPY OF THE NOTE FILE NUMBED AS 20808/SI/2015/H&FWD EXHIBIT P3(A36) TRUE PHOTOCOPY OF GO(P) NO 408/99/H&FWD DATED 11.10.1999 SELECT LIST OF ASSOCIATION PROFESSORS IN THE SPECIALTY OF ORTHODONTICS, IN KERALA DENTAL EDUCATION SERVICE, FIT FOR PROMOTION TO THE POST PROFESSOR.
EXHIBIT P3(A37) TRUE PHOTOCOPY OF GO(P) NO 303/98/H&FWD DATED 24.10.98 ASSIGNMENT GIVEN TO DR. M.K.MANGALAM FOR THE POST OF PROFESSOR OF ORAL MEDICINE AND RADIOLOGY EXHIBIT P3(A38) TRUE PHOTOCOPY OFGO(MS) 104/84/HEALTHY DATED 26.4.1984 THE NORMS OF ROCKONING INTERS SENIORITY EXHIBIT P3(39) TRUE PHOTOCOPY OF JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN WPC NO 26684 OF 2003(B) DATED 19.6.2006 EXHIBIT P3(A40) TRUE PHOTOCOPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN WA NO 823/2017 DATED 30.3.2010 EXHIBIT P3(A41) TRUE PHOTOCOPY OF GO(RT) NO 3219/2004/H&FWD DATED 17.11.2004 PROMOTED DR.SHOBHA KURIAKOSE AS JOINT DIRECTOR OF MEDICAL EDUCATION GENERAL OP(KAT) No.392/2019 & conn.cases -:31:- EXHIBIT P3(A-42) TRUE PHOTOCOPY OF THE REPRESENTATION TO SECRETARY, HEALTH & FW REQUESTING FORMAL ORDERS FOR NOTIONAL PROMOTION AS JOINT DIRECTOR OF MEDICAL EDUCATION
-GENERAL DATED 20.7.2006 EXHIBIT P3(A43) TRUE PHOTOCOPY OF THE REMINDER DATED 29.8.2006 EXHIBIT P3(A44) TRUE PHOTOCOPY OF THE REMINDER REPRESENTATION DATED 14.3.2007.
EXHIBIT P3(A45) TRUE PHOTOCOPY OF LETTER NO G4/20636/2006/DME DATED 8.11.2006 BY THE DME.
EXHIBIT P3(A46) TRUE PHOTOCOPY OF P& ARD CIRCULAR NO 13544/R1/09/P& ARD DATED 8.12.2009 EXHIBIT P3(A47) TRUE PHOTOCOPY OF P& ARD CIRCULAR NO 4503/R1/2008/P&ARD DATED 15.9.2008 EXHIBIT P3(A48) TRUE PHOTOCOPY OF GOVERNMENT CIRCULAR NO RULES 1/129/2016/P&ARD DATED 18.8.2016 EXHIBIT P3(A49) TRUE PHOTOCOPY OF SPECIFIC ORDER NO 60941/S1/14 H&FWD DATED 1.1.2015 ISSUED BY THE GOVERNMENT FOR THE USE OF THE VEHICLE BY THE JOINT DIRECTOR MEDICAL EDUCATION GENERAL EXHIBIT P3(A50) TRUE PHOTOCOPY OF GOVERNMENT ORDER GO(P) 233/2002/FINANCE DATED 17.4.2002 EXHIBIT P3(A51) TRUE PHOTOCOPY OF THE REPRESENTATION DATED 25.6.2010 ADDRESSED TO THE 1ST RESPONDENT EXHIBIT P4 A PHOTOCOPY OF THE ORDER DATED OP(KAT) No.392/2019 & conn.cases -:32:- APPENDIX OF OP(KAT) 416/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 A PHOTOCOPY OF THE OA ALONG ANNEXURES, EXHIBIT P1(A1) TRUE COPY OF MEMO OF CHARGE AND STATEMENT OF ALLEGATION WITH A COVERING LETTER OF THE 1ST RESPONDENT NO.1010120/B1/2016/H AND FWD DATED 21.06.2017.
EXHIBIT P1(A2) TRUE COPY OF G4/34073/16/DME DATED 05.10.2017 FINALISING OF DISCIPLINARY ACTION AND APPOINTMENT OF ENQUIRY OFFICER.
EXHIBIT P1(A3) TRUE COPY G.O(RT) NO.1200/2017/H AND FWD DATED 26.04.2017 SUSPENSION ORDER ISSUED BY THE 1ST RESPONDENT ALONG WITH A FORWARDING LETTER OF THE 2ND RESPONDENT NO.G4/34073/2016 DATED 28.04.2017.
EXHIBIT P1(A4) TRUE COPY OF G.O(RT) NO.3049/2016/H AND FWD DATED THIRUVANANTHAPURAM 11.11.2016,TRANSFER ORDER AS PRINCIPAL, DENTAL COLLEGE, THRISSUR.
EXHIBIT P1(A5) TRUE COPY OF LEAVE APPLICATION ALONG WITH MEDICAL CERTIFICATE FOR 7 DAYS FROM 14.11.2016.
EXHIBIT P1(A6) TRUE COPY OF LEAVE APPLICATION ALONG WITH MEDICAL CERTIFICATE FOR 7 DAYS FROM 21.11.2016.
EXHIBIT P1(A7) TRUE COPY OF LEAVE APPLICATION ALONG WITH MEDICAL CERTIFICATE FOR ONE MONTH FROM 28.11.2016.
OP(KAT) No.392/2019 & conn.cases -:33:- EXHIBIT P1(A8) TRUE COPY OF LETTER NO.101020/B1/2016/H AND FWD DATED 16.12.2016 ALONG WITH A COVERING LETTER OF THE 2ND RESPONDENT. EXHIBIT P1(A9) TRUE COPY OF LEAVE APPLICATION ALONG WITH MEDICAL CERTIFICATE DATED 29.12.2016 FOR THE ENTIRE PERIOD FROM 14.11.2016 UP TILL 29.01.2017 INCLUDING EXTENSION FOR ONE MONTH.
EXHIBIT P1(A10) TRUE COPY OF LEAVE APPLICATION ALONG WITH MEDICAL CERTIFICATE FOR ONE MONTH FROM 29.01.2017 TILL 28.02.2017.
EXHIBIT P1(A11) TRUE COPY OF LETTER NO.G4/34073/2016/DME DATED 08.02.2017 OF THE 2ND RESPONDENT DIRECTING THE APPLICANT TO APPEAR BEFORE THE APPELLATE MEDICAL BOARD.
EXHIBIT P1(A12) TRUE COPY OF LETTER NO.1010120/B1/2016/H AND FWD DATED 19.01.2017 FROM THE 1ST RESPONDENT. EXHIBIT P1(A13) TRUE COPY OF APPLICANTS DETAILED REPLY DATED 16.02.2017.
EXHIBIT P1(A14) TRUE COPY OF MRI SCAN REPORT AND PRESCRIPTION OF AYURVEDIC MEDICINES/TREATMENT DETAILS OF THE APPLICANT.
EXHIBIT P1(A15) TRUE COPY OF THE REPORT OF THE MEDICAL BOARD HELD ON 30.12.2008.
EXHIBIT P1(A16) TRUE COPY OF LEAVE APPLICATION ALONG WITH MEDICAL CERTIFICATE DATED 28.02.2017 FOR THE PERIOD FROM 01.03.2017 TILL 14.04.2017.
EXHIBIT P1(A17) TRUE COPY SHOW CAUSE NOTICE FROM THE 2ND RESPONDENT G4/34073/DME DATED 08.05.2017.
OP(KAT) No.392/2019 & conn.cases -:34:- EXHIBIT P1(A18) TRUE COPY OF DELEGATION OF POWERS IN THE DIRECTORATE OF MEDICAL EDUCATION G.O(P) 219/84/HEALTH DATED 7.08.1984. EXHIBIT P1(A19) TRUE COPY OF APPLICANTS REPLY TO THE 1ST RESPONDENT DATED 18.05.2017.
EXHIBIT P1(A20) TRUE COPY OF REQUEST FOR MODIFICATION OF LEAVE ON MEDICAL GROUNDS FOR THE DURATION APPLICATION SUBMITTED DATED 23.05.2017.
EXHIBIT P1(A21) TRUE COPY OF LETTER NO.101020/B1/17/ H AND FWD DATED 26.10.2017.
EXHIBIT P2 TRUE COPY OF M.A NO.3129/2017 SEEKING TO ACCEPT ANNEXURE A21.
EXHIBIT P2(A21) TRUE COPY OF LETTER NO.1010120/B1/17/H AND FWD DATED 26.10.2017.
EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT.
EXHIBIT P3(R1(A) TRUE COPY OF G.O(RT) NO.3989/2015/ H AND FWD DATED 11.12.2015.
EXHIBIT P3(R1(B) TRUE COPY OF G.O(RT) NO.3202/2017/H AND FWD DATED 11.11.2017.
EXHIBIT P3(R1(C) TRUE COPY OF G.O(P) NO.345/2009/ H AND FWD DATED 01.10.2009.
EXHIBIT P3(R1(D) TRUE COPY OF ENQUIRY REPORT OF FINANCE DEPARTMENT FORWARDED TO GOVERNMENT AS PER D.O. LETTER NO.336/F1D1 116/FIN DATED 07.06.2016.
EXHIBIT P3(R1(E) TRUE COPY OF LETTER NO.CA 155/14/DME DATED 19.12.2014.
OP(KAT) No.392/2019 & conn.cases -:35:- EXHIBIT P3(R1(F) TRUE COPY OF G.O(MS) NO.102/83/HD DATED 10.05.1983.
EXHIBIT P4 TRUE COPY OF M.A.NO.2773/2018 IN O.A. NO.2040/2017, SEEKING TO VACATE INTERIM ORDER PASSED BY THE TRIBUNAL ON 03.11.2017.
EXHIBIT P4(R1(A) TRUE COPY OF GO(RT) NO.3049/2016/H AND FWD DATED 11.11.2016.
EXHIBIT P4(R1(B) TRUE COPY OF LETTER NO.G2.1315/2017/GOVT.M.C.O.T DATED 20.02.2017.
EXHIBIT P4(R1(C) TRUE COPY OF LETTER DATED 16.02.107 ADDRESSED TO ADDITIONAL CHIEF SECRETARY TO GOVERNMENT AND DIRECTOR OF MEDICAL EDUCATION.
EXHIBIT P4(R1(D) TRUE COPY OF LETTER NO.G2/1315/2017/GOVT.M.C.O.T DATED 22.05.2017.
EXHIBIT P4(R1(E) TRUE COPY OF GOVERNMENT LETTER NO.1010120/B1/16/H AND FWD DATED 17.04.2017.
EXHIBIT P4(R1(F) TRUE COPY OF GOVERNMENT LETTER NO.1010120/B1/17/H AND FWD DATED 29.06.2017 ALONG WITH MEMO OF CHARGE AND STATEMENT OF ALLEGATIONS.
EXHIBIT P4(R1(G) TRUE COPY OF LETTER NO.G4/34073/2017/ DME DATED 17.09.2017 ALONG WITH RECEIPT FROM DEPARTMENT OF POSTS.
EXHIBIT P4(R1(H) TRUE COPY OF G.O(RT) NO.3202/2017/H AND FWD DATED 11.11.2017.
EXHIBIT P4(R1(I) TRUE COPY OF GO(RT) NO.2545/2018/H AND FWD DATED 10.08.2018.
OP(KAT) No.392/2019 & conn.cases -:36:- EXHIBIT P4(R1(J) TRUE COPY OF GO(MS)NO.102/83/HD DATED 10.05.1983 ALONG WITH RECEIPT NO.1049518/2016/HEALTH (OS) EXHIBIT P5 TRUE COPY OF REPLY IN M.A 2773/2018. EXHIBIT P5(A22) TRUE COPY OF G.O(RT) NO.2915/2017/H AND FWD DATED 21.10.2017.
EXHIBIT P5(A23) TRUE COPY OF THE REPORT OF THE MEDICAL BOARD DATED 16.10.2018.
EXHIBIT P6 TRUE COPY OF ORDER DATED 26.08.2019 IN OA 2040/2017.