ANJALY Vs. APEX COMMITTEE/EXPERT PANEL COMMITTEE

JUDGEMENT

(1.) THE petitioner is a Junior Consultant in the Government Victoria Hospital, Kollam. While she was working in the District Hospital, Kozhikode as Assistant Surgeon one patient named Jolly was admitted in the hospital on 9.4.2004. On 12.4.2004, the patient was referred to the Medical College, Kottayam for expert management. She died on the same day at Pushpagiri Hospital, Thiruvalla. The police have registered a crime as Crime No.114/2004 of Koipram Police station against the petitioner and one Dr.Rajeev for offences punishable under section 304A and 34 IPC. Exhibits P1 and P2 are the circulars issued by the Government. According to the petitioner, the case will have to be referred to an Expert Pannel and as per Clause 2 of Exhibit P1 an appeal to the Apex Body is permissible. The report of the Expert Pannel Exhibit P3 is against the petitioner and she filed an appeal as per Exhibit P4, which is numbered as EC.5/77503/2011/AVD. It is stated that the first respondent on 21.1.2012 examined the Investigating Officer and the statement of the petitioner was also taken. But, later, a clarification was sought in the light of the fact that final report has already been filed. The Government by Exhibit P5 directed the 2nd respondent to take a decision in the appeal. But later, by Exhibit P6, it was informed that it is not advisable to take a decision by the Apex Body in the appeal filed by the petitioner.

(2.) THE learned counsel for the petitioner points out that the Apex Body by Exhibit P7 disposed of the appeal filed by the 2nd accused. Therefore, the petitioner cannot be singled down in the matter.

(3.) IN fact, the Apex Body has been constituted as per Exhibit P1. There is nothing to show that their jurisdiction to decide the appeal is controlled by the filing of the final report. Herein, already the appeal filed by the 2nd accused Dr.Rajeev has been considered by the Apex Body as per Exhibit P7. Therefore the petitioner's appeal can also be considered by the Apex Body. In Exhibit P5, such a view is reflected. Otherwise, the remedy of appeal will be frustrated. Hence Exhibit P6 is set aside. There will be a direction to the 2nd respondent to see that the appeal is disposed of expeditiously, after hearing the petitioner and after completing all the formalities, within a period of three months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above.