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Kerala High Court Issues Bailable Warrant Against Additional Chief Secretary of Health for Non-Compliance

 

Kerala High Court Issues Bailable Warrant Against Additional Chief Secretary of Health for Non-Compliance

The Kerala High Court issued a bailable warrant against Dr. Rajan N. Khobragade, the Additional Chief Secretary of the Health and Family Welfare Department, due to his failure to comply with a previous court directive and his absence in court despite explicit instructions to appear.

The Division Bench, comprising Justice A. Muhammed Mustaque and Justice C. Jayachandran, was presiding over a civil contempt case initiated by Dr. B. Unnikrishnan, formerly an Assistant Director of Health Services. Dr. Unnikrishnan had sought promotion to the position of Deputy Director of Health Services, citing a 40% locomotor disability and advocating for lateral reservation for disabled candidates in such appointments. In 2023, the court had directed the state government and the Director of Health Services to convene a Departmental Promotion Committee (DPC) to deliberate on Dr. Unnikrishnan's promotion, emphasizing the consideration of lateral reservation.

Despite this directive, the authorities did not act upon the court's order. Consequently, Dr. Unnikrishnan filed a contempt petition, prompting the court to intervene further. On February 2, 2024, the court instructed the Principal Secretary of the Health and Family Welfare Department to either comply with the 2023 order or personally appear before the court. Subsequently, on December 10, 2024, the court added Dr. Khobragade as a party to the case, directing him to appear if the judgment remained unexecuted within two weeks.

By January 8, 2025, there was neither compliance with the court's directive nor did Dr. Khobragade make an appearance. The state sought an additional two weeks to report compliance; however, the court, expressing its dissatisfaction with the continued non-compliance, denied this request and issued a bailable warrant against Dr. Khobragade.

This development underscores the judiciary's commitment to enforcing its orders and ensuring that governmental authorities adhere to legal directives, especially concerning the rights and entitlements of individuals with disabilities. The case is scheduled for its next hearing on January 20, 2025, where further proceedings will determine the course of action regarding the contempt charges and the pending promotion of Dr. Unnikrishnan.

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