EX. CONSTABLE RAM KARAN Vs. UOI &ORS

JUDGEMENT

(1.) The writ petitioner has impugned the order of the Disciplinary Authority dated 14.07.2004, ordering his removal from service. The competent authorities also dismissed his appeal and revision against the said order.

(2.) The petitioner, a constable, was working with the Central Reserve Police Force (CRPF) and was given temporary/attachment duty with Group Centre, Pinjore, Haryana. He took his wife for treatment at CRPF Hospital, Group Centre, Pinjore as she was suffering with gynecological problems. Her treatment continued at the CRPF Group Hospital at Pinjore under Dr.Abdul Nazir, SMO, GC, CRPF Hospital, Pinjore. For her further treatment, she was referred to specialist in Kalka Civil Hospital, Pinjore on 11.09.2003. On 12.09.2003, at about 11.00 -11.30 AM, she went to Dr.Abdul Nazir for certification of her medical bill, which was needed for submission of application for refund of bill amount. It was alleged that doctors of CRPF Hospitals had experienced, that the patients who were referred to Civil Hospital for treatment were not purchasing the expensive medicines though their bills included them; in other words, some cases of false reimbursement claims were detected. In order to curb this malpractice, the doctors decided to check the drug purchased against that bill before making endorsement on it. When the petitioner's wife Savita Devi, visited Dr. Abdul Nazir on 12.09.2003 at 11.00 -11.30 AM she had the prescribed drug which had been previously purchased with prescription, the bill and her OPD book. Dr. Abdul Nazir found that one expensive drug i.e., Augmentin was not among those shown to him. He noted it down in her OPD book. Savita returned to her house and informed her husband (the petitioner) of the fact that doctor had refused to certify the bill in the absence of one of the drugs shown to him. He then again came to the CRPF Hospital to meet Dr. Abdul Nazir for endorsement of the bill along with his wife.

(3.) According CRPF the petitioner and his wife entered into the chamber of Dr. Abdul Nazir and insisted upon the clearance of the bill and when he refused to do so on the ground that Augmentin had not been shown to him, the petitioner abused him, hit him and caused injuries to the eye and a cut below the eye, and other injuries as well. On hearing the commotion, Constable Suresh Kumar entered the doctor's chamber and took the petitioner outside. Thereafter, on the complaint of the doctor a charge -sheet was issued to the petitioner for the alleged misconduct. A Departmental Enquiry followed, in which the petitioner participated, was provided opportunity to cross -examine the witnesses (which he availed). He filed his statement and along with that the statement of his wife and father -in -law. The enquiry officer submitted his report and thereafter the Disciplinary Authority passed the impugned order.