DR. RK. CHANDRA Vs. STATE OF CG

JUDGEMENT

(1.) THE petitioner who is presently working as Specialist in Community Health Centre, Malkharoda, District Janjgir- Champa has filed this petition challenging his suspension order, charge-sheet, departmental enquiry initiated against him as also the recommendations of the Additional Public Prosecutor for taking action against him. THE petitioner has also prayed for expunction of the adverse remarks made in paragraph 39 & 40 of the judgment dated 21.04.05 rendered by the Additional Sessions Judge Janjgir.

(2.) ACCORDING to the counsel for the petitioner, during the pendency of this petition the suspension order of the petitioner has been revoked and in the departmental enquiry also he has been exonerated vide order dated 04.01.10 and therefore, for the present, he is confining his relief only to the expunction of adverse remarks made by the Additional Sessions Judge Janjgir in paragraph 39 & 40 of its judgment dated 21.04.05.

(3.) COUNSEL for the petitioner submits that there was no occasion for the trial court to pass an adverse remarks against the petitioner because being a Doctor on duty he had performed the post-mortem examination on the body of the deceased and submit his report according to him in the Court the petitioner was not only cross-examined by the defence counsel but also by the Court and if there was any anomaly, he was to be put the question to that effect. He submits that without affording an opportunity learned Additional Sessions Judge has made the remarks against the petitioner which is not permissible in the eye of law. In support of his submission he placed his reliance on the decisions of the Supreme Court in the matter of Manish Dixit and Others v. State of Rajasthan reported in (2001) 1 SCC 596. In the matter of DR. Dilip Kumar Deka and another v. State of Assam and another reported in (1996) 6 Supreme Court Cases 234 and in the matter of Testa Setalvad and another v. State of Gujarat and others reported in (20004) 10 Supreme Court Cases 88.