LAWS(KER)-2022-9-35

MATHEW JACOB Vs. STATE OF KERALA

Decided On September 02, 2022
MATHEW JACOB Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Instant writ appeal is filed petitioner Nos.1, 2, 4 and 7 respectively, against the judgment dtd. 27/5/2020 in W.P.(C) No.34537/2019, by which, a learned single Judge dismissed the writ petition, holding thus:

(2.) The writ petition was filed seeking, inter alia, to quash Exhibit-P1 show cause notice and identical show cause notices issued to writ petitioners; to direct the 2nd respondent to refrain from considering Exhibit-P2 complaint dtd. 27/8/2019; and to declare that the said complaint cannot be enquired into and adjudicated, in terms of the provisions contained in the Travancore - Cochin Medical Practitioners Act, 1953.

(3.) Brief facts for disposal of the appeal are that: appellants/writ petitioners are doctors working in Aster Medcity, Kochi. On 27/11/2019, each of the appellants have received Exhibit-P1 show cause notice dtd. 25/11/2019 issued by the 2nd respondent, Travancore-Cochin Council of Modern Medicine, Thiruvananthapuram, directing them to furnish explanation, in response to a complaint filed by respondent No.3, alleging serious misconduct in the conduct of organ transplantation surgeries conducted in Aster Medcity Hospital on 5/3/2019 and 7/3/2019. According to the appellants, the allegations levelled against them were outright defamatory and contrary to truth.