SRINAGAR, Sept 2: High Court has held the suspension period of delinquent medico as on leave by observing that being a B-Grade Surgeon Specialist he has gainfully employed by way of private practice.
The delinquent medico-Dr Bilal Ahmad Wani was suspended by the Government for death of a patient due to his negligence during surgery of patient. Dr. Wani was serving as B-Grade Specialist in Surgery at District Hospital, Anantnag, conducted a gallbladder surgery on a lady patient way back in 2006. The lady, however, died on the same day in the evening and on the allegation that the death of the patient had occurred due to his negligence, the respondent-doctor was placed under suspension.
With a view to investigate the matter, the Government constituted a team of doctors with the condition that the team shall co-opt a Senior Specialist Surgeon from a district other than District of Anantnag. The Enquiry Committee conducted an enquiry, though without associating the Senior Surgeon Specialist, and concluded that the death of the lady patient had occurred due to the overconfidence of the doctor, who had operated upon her despite her being a high risk case. The Enquiry Committee also concluded that there was a lack of post-operative care by the doctors on duty.
Upon obtaining the copy of the Enquiry Committee’s report, a show-cause notice was served upon the respondent-doctor by the competent authority to show cause as to why his services should not be terminated.
The respondent-Doctor submitted a detailed reply. The competent authority, after considering the reply, passed an order imposing the penalty of “censure” on the respondent-doctor and treated his suspension period as on leave.
Aggrieved of this, he challenged the same before the court on the ground that he was not proved with complete enquiry report and not given opportunity of being heard.
The division bench of Justice Sanjeev Kumar and Justice Sanjay Parihar has held though imposition of penalty of ‘Censure’ though a minor penalty was in violation of the principles of natural justice but treated his period of suspension as on leave.
“We are saying so for the reason that the respondent-Doctor, being a B-grade Surgeon Specialist, could not be expected to remain idle during the period of suspension. There is also material on record indicating that during the period of suspension, that he was gainfully employed by way of private practice”, DB said.
The court added that treating the period of suspension as duty and granting him full salary would be tantamount to unjust enrichment of the respondent-Doctor. Otherwise also, by treating the period of suspension as on leave wouldn’t put him to any substantial financial loss.
“For the foregoing reasons, this petition is partially allowed only to the extent that Order No. 621-HME of 2010 dated 27th December 2010, treating the period of suspension of the respondent as leave, is held to be valid and in consonance with law”, the court concluded.
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