DR. SUNITA JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Challenge in the appeal is to an order dated 20.07.2011 dismissing the writ petition filed by the appellant in which she had challenged penalty levied upon her on 03.03.2010 of stoppage of two annual grade increments with cumulative effect. The learned Single Judge has held that the report of Enquiry Officer indicts the appellant of negligence, in that, after the anaesthetist administered anesthesia to the patient the Laparoscopic Tubectomy operation was performed by the appellant after two and a half hours; by which time the effect of anesthesia had waned, causing great discomfort to the patient.

(3.) Dismissing the writ petition the learned Single Judge has held that this is a finding of fact and cannot be gone into by the Court by re-appreciating evidence as an appellate authority.