AI Structured Summary
Not yet generated for this judgment
Judgment
Ramesh Ranganathan, CJ
The petitioner has questioned the order of the State Government dated 13.06.2020 placing him under suspension.
Based on the recommendations of the Chief Medical Officer, in his letter dated 13.06.2020, the District Magistrate, Dehradun, informed the
Secretary Ayush, Government of Uttarakhand, on the very same day, that, keeping in view the prima facie gross negligence for the death which
occurred in suspicious circumstances at the Sardar Banda Bahadur Boys Hostel quarantine centre, necessary action be initiated against the petitioner
and others; and it is possible that these doctors may adversely influence the inquiry. The petitioner was placed under suspension immediately
thereafter.
While Sri Gaurav Singh, learned counsel for the petitioner, would submit that the petitioner is not responsible for any such lapse, and a Doctor, who
has discharged his duties diligently, is made an scape goat for the failure of the authorities to maintain hygienic conditions in the quarantine centres,
and in not adhering to the other norms stipulated by the Government of India, these are all matters which this Court would, ordinarily, not examine in
proceedings under Article 226 of the Constitution of India.
Suffice it to observe that prolonged suspension, that too of a Doctor whose services are required during this COVID-19 pandemic, may not be in
larger public interest. It would be in the interest of both the petitioner, and the State Government, to hold and complete an inquiry at the earliest to
determine whether the petitioner should be imposed a punishment or his suspension revoked.
When we asked Sri Paresh Tripathi, learned Chief Standing Counsel for the State of Uttarakhand, as to what would be the reasonable time to
complete the inquiry, learned Chief Standing Counsel would submit that, in case the petitioner cooperates in the early completion of the inquiry, a
period of three months would suffice to complete the inquiry proceedings, and pass an order consequent thereto.
We consider it appropriate, in such circumstances, to direct the respondents to issue a charge-sheet and complete the disciplinary inquiry,
culminating in a final order being passed by the disciplinary authority, with utmost expedition and, in any event, within three months from today.
Needless to state that the petitioner shall cooperate in the early completion of the disciplinary inquiry.
The Writ Petition is, accordingly, disposed of. No costs.
Let a certified copy of this order be furnished to the learned counsel for the parties, on payment of the prescribed charges, by 27.06.2020.