T.H. PRAKASHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Having been selected as Lecturer in Orthopedics by the Sanjay Gandhi Accident Hospital and Research Institute (for short 'the Hospital'), Bangalore-11 and pursuant to an appointment order issued by its Director, the petitioner reported to duty on 22.02.1997. Petitioner was promoted on 24.01.2004 as Assistant Professor and on 25.02.2009 as Associate Professor, later re-designated as Professor. On 12.12.2013, a three year old child by name Mariyam Kowsar was admitted to the casualty/emergency ward of the Hospital and was treated by the petitioner and others. The child was later on taken to another hospital, wherein, it was alleged that she had not been taken care of properly by the Doctors of the Hospital and hence, the condition of the child has deteriorated. A case was registered on 26.12.2013 at MICO Layout Police Station against the petitioner and other doctors of the Hospital and FIR was submitted to the II Addl. Chief Metropolitan Magistrate Court, Bangalore. A Television Channel covered the issue alleging negligence on the part of the petitioner and few other doctors of the Hospital. An investigation team constituted having submitted a report to the State Government, an order dated 10.01.2014 vide Annexure-D was passed, ordering the suspension of the petitioner. A consequential office order dated 10.01.2014 vide Annexure-E was issued by the Director of the Hospital, keeping the petitioner under suspension. This writ petition is directed against the Government order as at Annexure-D and consequential office order issued as at Annexure-E. Sri K. Puttegowda, learned advocate, contended that the suspension of the petitioner vide Annexure-D was passed by an authority not competent to do so and the consequential office order vide Annexure-E being a mechanical act and there being arbitrariness on the part of both the respondents, interference is called for.

(2.) The power to suspend a member of the staff of the Hospital is available to the Director of the Hospital in terms of Rule 4.0 of the Sanjay Gandhi Accident Hospital and Research Institute (Cadre, Recruitment, Condition of Service and Miscellaneous Provisions) Rules, 1999. Rule 4.0 reads thus:

(3.) Indisputably, the Director of the Hospital is the Appointing Authority of the petitioner. The Director can impose the penalty, if any, on the petitioner, who is a member of the staff of the Hospital and an appeal is provided to the Board.