Excelsior Correspondent
SRINAGAR, June 29: High Court today quashed the order of suspension and show cause notice whereby a professor of Department of Neurology in Sher-i-Kashmir Institute of Medical Sciences (SKIMS) Srinagar was suspended and attached for doing private practice.
Professor Mushtaq Ahmad Wani was suspended and attached to the office of Divisional Commissioner Kashmir along with other two most senior faculty members of Institute on indulgence of private practice at their residences.
The authorities in their reply in opposition to the plea of petitioner-Wani have stated that a sting operation was conducted by a Private News Channel wherein the three senior most doctors of the SKIMS, including the petitioner-Wani, were shown to be indulging in private practice at their residences.
Justice Ali Mohammad Magrey while allowing the plea of Dr Wani said since one of the three doctors namely Dr Wajid Ali, Professor and Head, Department of Paediatrics and Neonatology, has been reprimanded only while as Dr Wani , despite having retired from active service, has been awarded major punishment of reduction in rank and is only being paid the provisional pension.
Justice Magrey said the authorities cannot adopt two yardsticks in the matter as there is nothing before the court that would suggest that petitioner-Wani deserved to be proceeded differently. “The respondents were required to point out very clearly as to how the act of the petitioner constituted a more serious misconduct or the indiscipline compared to the other doctor who has been reprimanded only despite, admittedly, having indulged in the same act as that of the petitioner. The act of the respondents in awarding a major penalty to the petitioner, therefore, is violative of Article 14 of the Constitution of India”, reads the judgment.
Court while quashing all the proceedings against the Dr Wani directed the authorities to release all the benefits including pensionary and retiral benefits including Gratuity, Leave Salary and regulate his regular pension, with effect from the date the same has become due to him, in such a way as if nothing incriminating was ever found against him.
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