R C RALHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this writ petition, the petitioner is challenging the order of removal from service from the post of Professor in Orthopaedics in the Medical College, for misconduct.

(2.) AT the relevant time, the petitioner was working as Professor in Orthopaedics in the Medical College, Raipur. Respondent No. 4, Mahendra Kumar Mahilong, was a second year student in the Medical College, Raipur. He had a fall from a stair-case at about midnight on the night intervening 6th and 7th May 1982, and immediately he was admitted in Ward No. 8 of the Medical College Hospital with fracture of spine with paraplegia. On the morning at about 7 A. M. he was examined by the petitioner. Respondent No. 4 continued to be in agony because of retention of urine and faeces. He is the only son of his parents, Jagdish Prasad Mahulong and Savitri Mahilong, who immediately came to the hospital to attend on him. He was to be operated on 10-5-1982, but the operation was postponed to 12-5-1982 and then to 16-5-1982. However, in the meanwhile, he was operated at about 5 P. M. on 14-5-1982 as an emergency case and he was kept under special diet. Some time thereafter, the special diet was stopped. There was agitation by the students' union for the neglect of respondent No. 4 and for stopping of special diet to him. Respondent No. 4 also said that he had orally told the office hearers of the students' union that the petitione had taken Rs. 400/- for doing the operation and for providing a lumbo sacral belt to him 15 days after the operation. Respondent No. 4 also made a written complaint to the President of the Students' Union on 30-6-1982 of the petitioner having taken Rs. 400/- in two instalments for carrying on the operation. Earlier, he was postponing the operation and respondent No. 4 was not being given the necessary facilities. The complaint was handed over to the Dean, who forwarded the same to the State Government for necessary action.

(3.) A preliminary enquiry was conducted by the Joint-Director-cum-Superintendent of the D. K. Hospital, Raipur, and he submitted his report on 11-7-1982 that some money was paid to the petitioner for rendering service to respondent No. 4, who was admitted in the hospital for treatment as per statement of his father. In the meanwhile, the petitioner also obtained one letter from respondent No. 4 dated 8-7-1982 that he was getting proper treatment and no amount has been paid or demanded from him or his parents by the petitioner. Some senior students made him sign the complaint, so that they could go on strike. However, the petitioner was placed under suspension on 14-7-1982. It appears that his suspension was revoked because he was not charge-sheeted within 45 days as required under the rules and he was posted as Professor in orthopaedics in the Rewa Medical College. The petitioner was charge-sheeted on 9-11-1982 in respect of the following two charges :-