RAM ASRE DARBARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Dr. R. A. Darbari was a Surgeon in the Willingdon Hospital Nursing Home in New Delhi in 1967-68. On 19-11-1968 one Nairn Ahmed sent a complaint to the Additional Health Secretary, New Delhi that he and the petitioner were residents of Mainpuri, U.P. Nairn's mother had fallen and broken her bone. On approaching Dr. Darbari, he advised him to bring his mother to Delhi. Then the petitioner told him that Rs. 500 will have to be spent in the treatment of his mother. He gave that much money to Dr. Darbari. Dr. Darbari kept his mother for 15 days in the said hospital and then declared that she could not be treated there and offered to have her admitted in the Irwin Hospital. When he went to the Irwin Hospital. he demanded another Rs. 500 for the doctors in that hospital. Nairn talked to the doctors in the lrwin Hospital who told him that there was no need to make any payment because the treatment was free. The petitioner has taken money from other patients of the lrwin Hospital. He requested that the petitioner be asked to return his money. This complaint was entered in the complaint register on 21-11-1968, but it seems that no criminal case could be made out against the petitioner and he was proceeded departmentally in respect of this and two more cases.

(2.) Departmental enquiry started on 16-3-1971 on three charges that the petitioner failed to maintain absolute integrity and his conduct was unbecoming of a Government servant and violated the provisions of Rule 3(l)(i) and (iii) of the Central Civil Services (Conduct) Rules, 1964.

(3.) The first charge is based upon the allegation that some time in the month of May, 1967 Dr. Darbari happ ened to go to his native village Mainpuri. He was consuited by Chiranji Lal of Bahadurpur for treatment of hiswife Rat Rani for cancer in her mouth. Dr. Darbari advised him to come to Delhi and bring Rs. 500 for medical expenses. In July, 1967 Chiranji Lal came to Delhi along with his wife . Dr. Darbari demanded and accepted a sum of Rs. 400 from Chiranji Lal. He got the X-ray examination done in the Willingdon Hospital on 3-7-1967. As there was no arrangement in the Hospital for treatment of cancer, Dr. Darbari took them to Safdarjung Hospital on 5-7-1976 and got her admitted there with the help of Dr. Ghosh. Medical treatment in the said hospitals was absolutely free and the petitioner could not demand and accept any money from Chiranji Lal. The petitioner was also not entitled to private practice or to receive any money from the patients.