GOVERNMENT OF KERALA Vs. P. GOPINATHAN

JUDGEMENT

(1.) The Government of Kerala was reviewing absenteeism in Medical Education Services of more than 75 Doctors. Could the Doctors bound by the Hippocratic Oath, unauthorisedly absent themselves from duty and serve the private institutions offering more lucrative pay packages be terminated from service with the great objective of public health sector by the Government by initiating disciplinary action collectively against all the unauthorised absentees, is the precise question that arises before us.

(2.) Dr.P.Gopinathan, an Associate Professor on Orthopaedics, Government Medical College, Kozhikode, was one among them, who is alleged to have been unauthorisedly absent with effect from 20.02.2010 stating that he was suffering from severe irritable bowel disease with post cholecystectomy syndrome and being confined and bedridden at his home without mobility, on the basis of a certificate issued by another Doctor, named Dr.Jayachandran M.V. on 29.09.2009; applied for 89 days leave vide Annexure A5 application. The Principal of the College asked him to appear before a Medical Board. Vide Annexure A6 letter dated 19.10.2009 he detailed his illness and bedridden situation and stated that he cannot physically attend before the Medical Board in the Chamber of the Superintendent, Medical College Hospital, Kozhikode on 21.10.2009 as directed by the Principal. He also stated that he had already applied for voluntary retirement due to health reasons because of his inability to work for prolonged time and travel. He also referred to the pendency of W.P.(C) No.27431/2009 before this Court regarding his plea for retirement.

(3.) Conceding to his inability in attending the Medical Board at the Medical College Hospital as a patient completely confined to bed, the Principal constituted a Medical Board consisting of three Doctors and directed them to examine him at his residence. He was examined by the Medical Board on 30.11.2009 and they submitted a report stating that Dr.Gopinathan has clinical evidence of having undergone cholecystectomy and is having symptomatology suggestive of irritable bowel syndrome and post cholecystectomy syndrome and that the certificate produced by Dr.Gopinathan is genuine.