SUMITRA Vs. STATES OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing order of suspension dated 17.03.2011, Annex.-P/3 passed by the Deputy Secretary, Department of Medical Education, Government of Rajasthan, Jaipur.

(2.) Main contention of learned counsel for the petitioner is that the petitioner was working as Professor in the Department of Obstretrics & Gynecology, S.N. Medical College, Jodhpur and being the senior-most Professor she is holding the post of Head of Department in Department of Obstetrics & Gynecology, Ummed Hospital, Jodhpur. In the Gynecology Department there are five units headed by three Professors and two Associate Professors and, in each unit, there are number of teaching staff i.e., Associate Professors, Assistant Professors and other medical officers.

(3.) All the units in the Department of Obstetrics and Gynecology are independent and autonomous and the petitioner has no interference with respect to working of these units. The unit incharge and respective teams treat, operate and take care of their respective patients independently, therefore, there is neither any interference nor any clinical supervision of the Head of Department in their working. However, the petitioner has been placed under suspension for supervisory negligence being Head of Department of the Department of Obstetrics & Gynecology in the Ummed Hospital.