DILIP AMONKAR Vs. STATE OF GOA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner prays for quashing and setting aside the inquiry/disciplinary proceedings initiated belatedly against the petitioner ten years after the actual incident had occurred. It is further prayed that directions be issued to release forthwith the pensionary and retirement/terminal benefits payable to the petitioner including the payment of gratuity.

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

(3.) Briefly stated, a Doctor, a specialist in the field of female diseases was treating a patient Ms. 'R'. She was admitted in a private Nursing Home situated in Vasco Da Gama. Upon her clinical examination, the Doctors opined that Ms. 'R' was suffering from acute appendicitis and was in need of undergoing an urgent operation so as to prevent any risk and threat to her life. The surgery was scheduled in the morning of 3 rd July 2010. The surgeon normally operating such cases was unavailable and as the operation had to be carried out on an emergency basis, the petitioner's help was requested for. On the assessment of her condition and considering the risk perception, the petitioner after following the standard Alvarado test, proceeded to perform the emergency operation with all the skills at his command taking all due care, caution and diligence in conducting the operation. It was reported that the surgery was completed successfully.