RAJ KISHORE SAHU Vs. GOVERNMENT OF ORISSA

JUDGEMENT

(1.) THIS writ application has been filed against the judgment and order dated 27.8.2002 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 709 of 2000. While disposing of the O.A., the Tribunal observed that the Enquiry Officer without any supporting evidence gave a finding to exonerate the petitioner from the charges and the Disciplinary Authority disagreeing with the same, imposed punishment without giving any reason for substituting its own findings and punishment. The Tribunal further observed that apparently there was some negligence on the part of the petitioner in ensuring proper post -operative care to the patient and that while going to attend the emergency case he should have made some arrangements for monitoring the condition of the patient. However, the Tribunal while directing to treat the period of suspension as such, quashed the other penalties imposed vide Annexures 7 and 10 therein and upheld by Annexure -1 4 thereof.

(2.) THE brief facts of the case are that the petitioner while serving as a specialist in Anaesthesiology in Capital Hospital, Bhubaneswar was placed under suspension pending initiation of disciplinary proceedings against him vide order dated 29.7.1993. But later on he was reinstated vide order dated 8.6.1995 pending finalisation of disciplinary proceedings drawn against him. The charge -sheet along with the statement of allegation was served upon him. The charge is quoted as under: Charges:

(3.) HE preferred an appeal which was rejected vide communication dated 27.11.1997. Thereafter he filed O.A. before the Tribunal which was registered as O.A. No. 155 of 1998 against the order of punishment on the ground that the report of the enquiry officer was not furnished to him before imposing of penalties. The Tribunal had allowed the O.A. , and set aside the order of punishment vide its order dated 2.12.1999. It was further directed that the Disciplinary Authority shall furnish a copy of the enquiry report to the petitioner and the petitioner shall submit a representation to the Disciplinary Authority if he so likes within one month and thereafter the Disciplinary Authority would dispose of the same within a period of three months and communicate the decision to him. Thereafter the enquiry report was supplied to the petitioner. The Joint Director of Health Services (Medical) Orissa who was the Enquiry Officer has recommended to exonerate the petitioner from the charges. The enquiry report is reproduced as under: