T. K. VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed seeking quashing and setting aside the dismissal order dated 30.09.2005 as well as the appellate order dated 17.03.2006 confirming the dismissal of the petitioner.

(2.) The brief facts of the case are as under:

(3.) Learned Senior Counsel Mr.G.M.Joshi with learned advocate Mr.Digant Popat with learned advocate Mr.Jaimin Patel appearing on behalf of the petitioner submitted that there is neither any negligence on the part of the petitioner nor has the petitioner committed any error in diagnosing the said patient and in that view of the matter, the charge, as is leveled against the petitioner, that he has shown negligence or has not acted sincerely is totally false. It was submitted that on the day the patient died there was heavy rush in the hospital, and the petitioner had to treat more than 150 patients. It was submitted that thus, looking to the heavy burden of the work, the impugned order may be set aside. He submitted that the respondents have not taken any action whatsoever against the in-house staff, medico or para-medico for the negligence or lack of sincerity in treating the said indoor patient, but instead, has dismissed the petitioner blaming him to be negligent.