JAGDISHBHAI BHANABHAI RAJGOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner was serving as Insurance Medical Officer at D­29, ESIS Dispensary, Gomtipur, Ahmedabad, run by respondent -State of Gujarat.

(2.) The heirs and family members of the deceased moved the City Civil Court, Ahmedabad with a plaint seeking a compensation in the sum of Rs.85,000/­ against the respondent, petitioner and the nurse on duty in the hospital. The suit came to be dismissed against which the First Appeal being No. 915 of 1987 came to be instituted in this Court. While reversing the judgment and decree of the trial Court, this Court in its judgment dated 27/04/1995 in the First Appeal afore­stated, made the following observations : -

(3.) Subsequent to the said observations, a charge­sheet came to be served upon the petitioner on 29/10/1999 intending a departmental inquiry for negligence in performance of his duties as the Medical Officer. The petitioner furnished the explanation to the said charge­sheet on 30/11/1999 and thereafter the departmental proceedings rested there.