DR. MADAN GOPAL GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Dr. Madan Gopal Gupta through present writ filed by him under Article 226 of the Constitution of India seeks issuance of writ in the nature of Certiorari so as to quash order Annexure P7 dated December 31, 1981, vide which he was charge-sheeted under section 7 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952. The charge framed against him was that while posted at B.K. Hospital, Faridabad, he had opened Gupta Nursing Home and carried on private practice there in violation of the Government instructions issued vide Memo dated 16/17.12.1971.

(2.) The facts so far as the same are relevant on limited question posed by Dr. Balaram Gupta, learned Counsel representing the petitioner reveal that the petitioner was appointed on January 25, 1952, as Assistant Surgeon Class II and was confirmed as such on January 25, 1954. On December 7, 1960, he joined PCMS Class II as Medical Officer through the Punjab Public Service Commission. On the re-organisation of the erstwhile State of Punjab, he was allocated to the State of Haryana. Consequently, he became a member of HCMS Class II and was confirmed as Medical Officer on November 1, 1966. In the year 1974, he was posted in B.K. Hospital, Faridabad. While posted there, the allegations on the petitioner for carrying on private practice were made by some persons. Consequently, on December 23, 1974, Dr. D.R. Varmani, Assistant Director (Planning) and Dr. S.B. Madan, Deputy C.M.O. alongwith various other persons visited the petitioner's residence. Dr. Varmani submitted a report suggesting that he was doing private practice.

(3.) On the report made by Dr. Varmani, the petitioner was issued show-cause notice on March 23, 1977, Annexure P-1. An Inquiry Officer was appointed who went into the allegations levelled against the petitioner and found the same to be correct. Th findings recorded by the Inquiry Officer have been reproduced in the written statement at page 6. It has further been mentioned in the written statement that the matter was initiated on 4.12.1980 and was concluded on 22.10.1981 and the petitioner was given full opportunity to defend his case which he did. Besides this, the petitioner was also supplied relevant documents which were demanded by him before the Inquiry Officer. The relevant part of the findings recorded by the Inquiry Officer read thus :-