Kerala High Court
Dr.Arun Kumar Gupta vs Sree Chitra Tirunal Institute For ...
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN
THURSDAY, THE 7TH DAY OF JUNE 2012/17TH JYAISHTA 1934
WP(C).No. 19730 of 2011 (M)
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PETITIONER:
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DR.ARUN KUMAR GUPTA
PROFESSOR, DEPARTMENT OF IMAGING SCIENCES AND
INTERVENTIONAL RADIOLOGY, SREE CHITRA TIRUNAL
INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY
THIRUVANANTHAPURAM-695 011.
BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY
SMT.N.SANTHA
SRI.PETER JOSE CHRISTO
SRI.S.A.ANAND
RESPONDENTS:
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1. SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES
AND TECHNOLOGY, THIRUVANANTHAPURAM,
PIN - 695 011, REPRESENTED BY ITS DIRECTOR.
2. PRESIDENT, INSTITUTE BODY AND GOVERNING BODY,
SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND
TECHNOLOGY, THIRUVANANTHAPURAM AND PRINCIPAL SCIENTIFIC
ADVISER TO THE GOVERNMENT OF INDIA, 318, VIGYAN BHAVAN
ANNEXE, MAULANA AZAD ROAD, NEW DELHI, PIN-110 011.
3. UNION OF INDIA, REPRESENTED BY the SECRETARY MINISTRY OF
SCIENCE AND TECHNOLOGY, DEPARTMENT OF SCIENCE AND TECHNOLOGY,
TECHNOLOGY BHAVAN, NEW MEHRAULI ROAD, NEW DELHI, PIN-110 016.
4. DR. K. RADHAKRISHNAN, DIRECTOR, SREE CHITRA TIRUNAL
INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY,
THIRUVANANTHAPURAM, PIN - 695 011.
5. DR. T.R. KAPILAMOORTHY,
PROFESSOR AND HEAD, DEPARTMENT OF IMAGING SCIENCES AND
INTERVENTIONAL RADIOLOGY, SREE CHITRA TIRUNAL INSTITUTE
FOR MEDICAL SCIENCES AND TECHNOLOGY, TRIVANDRUM-695011.
R1,R2 & R5 - BY ADV.SRI.T.R.RAVI,SC,SCTIMST
R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
R4 BY ADV. SRI.K.P.CHANDRASEKHAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19730 of 2011 (M)
APPENDIX
PETITIONER'S EXHIBITS:
P1: TRUE COPY OF THE ORDER NO.DIR/HOD (IS&IR)/SCTIMST/2011 DATED
1.7.2011 OF THE 4TH RESPONDENT
P2: TRUE COPY OF THE LETTER NO.MS/SCTIMST/2011 DATED 1.7.2011 OF THE
MEDICAL SUPERINTENDENT, SCTIMST
P3: TRUE COPY OF THE REPRESENTATION DATED 4.7.2011 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
P4: TRUE COPY OF THE COMPLAINT ALONG WITHOUT ITS ANNEXURES.
P5: TRUE COPY OF THE FIR IN CRIME NO. 691/2011 OF MEDICAL COLLEGE
POLICE STATION, THIRUVANANTHAPURAM.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
Scl.
P.N.RAVINDRAN, J.
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W.P.(C) No.19730 OF 2011
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Dated this the 7th day of June, 2012
J U D G M E N T
The petitioner, who was Professor and Head of the Department of Imaging Sciences and Intervention Radiology, Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram till he took Voluntary Retirement from service on 25.12.2011, has filed this writ petition challenging Ext.P1 order dated 1.7.2011 issued by the Director of Sree Chitra Tirunal Institute for Medical Sciences and Technology whereby the charge of Head of the Department of Imaging Sciences and Intervention Radiology was given to Dr.T.R.Kapilamoorthy, the fifth respondent herein, who is admittedly junior to the petitioner. Various contentions are raised in the writ petition against the Director who issued the impugned order.
2. The first respondent has in the counter affidavit dated 24.1.2012 raised various allegations regarding the conduct of the petitioner as Head of the Department of Imaging Sciences WPC No.19730/2011 2 and Intervention Radiology. The fourth respondent has also made similar allegations in his counter affidavit dated 18.2.2012. Having regard to the admitted fact that the petitioner is no longer in service in the Sree Chitra Tirunal Institute for Medical Sciences and Technology and the further fact that the allegations against the fourth respondent in Ext.P4 complaint are being investigated by the Police, I am of the opinion that no further orders are called for in this writ petition except to observe that the allegations levelled against the petitioner in the counter affidavits filed on behalf of first respondent and by the fourth respondent, which have not been proved in an enquiry will not be held out against him in future. That apart, Ext.P1 by itself does not cast any stigma on the petitioner. The writ petition is accordingly closed as infructuous with the above observations.
P.N.RAVINDRAN, (JUDGE) vps WPC No.19730/2011 3 WPC No.19730/2011 4