BHASKAR GUHA Vs. CHAIRMAN RAILWAY BOARD

JUDGEMENT

(1.) The complainant, Bhaskar Guha, a railway employee, working as a Chief Legal Assistant, Construction Department, suffered injury to his foot and consulted South East Central Railway Hospital at Bilaspur on 21-03-2013. Dr. Jaiswal, an Orthopaedic Surgeon examined him, who prescribed some medicines and advised him to visit his private hospital Shri Ram Care Hospital at Bilaspur, for further treatment, as the heel bone is fractured and, hence, a major operation is needed, which is not available with the railway hospital and that the cost would be around Rs.40,000/-. Thereafter, the complainant consulted Dr. B. Lalchandani, another Orthopedic Surgeon from the same railway hospital and requested for treatment, who suggested a treatment from his hospital, at the cost of Rs.30,000/-. After this, the complainant approached Senior D.M.O., Dr. Varsha Nawal, who advised him to follow the advice of Dr. Jaiswal and Dr. Lalchandani. Hence, due to such harassment, he took treatment from one private doctor Dr. Ladikar, who opined that there was no need of operation and only by putting plaster will cure. Hence, on 25-01-2013, plaster was put and it was removed on 15-03-2013. In the meanwhile, on 21-02-2013, the DMO issued a fitness certificate, without examining him, whereas, the plaster was removed on 15-01 3-2013. Thereafter, again another fitness certificate was issued. Hence, the complainant felt that it was harassment and he alleged that the OPs are indulged in unethical practices to earn money and forced him to take treatment, privately, which caused mental harassment, physical strain, etc. Hence, he filed the complaint before the District Forum, Billaspur, Chhattisgarh.

(2.) The District Forum and State Commission decided the case against the complainant. Hence, this revision petition arose.

(3.) We have heard Ms. Shipra Shukla, learned counsel for the petitioner, at admission stage. She submitted that there were many lapses on the part of the railway hospital. The doctors were negligent and deficient in their services. They have ignored the patient. The OPs are not permitted to practice outside, but, intentionally directed him to their private clinic to grab money.