CAT orders conclusion of inquiry against medico’s private practice

Srinagar, Sep 29: The Central Administrative Tribunal (CAT) has directed the government to conclude within 8 weeks the inquiry against the petitioner and others for “Violating Standard Treatment Guidelines.”

Disposing of the petition with the direction that the inquiry related to the allegations against the petitioner be concluded within eight weeks, a bench of M. S. Latif Member (J) observed that, “it is true that doctors are treated as small Gods by the ailing sick and infirm and at the same time (they) occupy a divine position in the society and a doctor heals a patient in pain.”

Alluding to the allegations, the Bench added: “A doctor takes an oath to serve humanity and such allegations against the doctors are not in good taste”.

With regard to the inquiry, the Bench, however, clarified that in case the petitioner was not satisfied, he would be free to assail the order in accordance with law.

In his plea before the Tribunal, the petitioner was seeking to quash the Health and Medical Education (H&ME) Department’s order “dated 09.02.2023 with the further direction to the authorities to allow him to perform private practice in accordance with law without any restraint or hindrance.”

The Court was informed that in the wake of the constitution of the committee in terms of the government order “dated 06.03.2023, a meeting was held under the Chairmanship of Dr Yashpal Sharma, Director Coordination, Chairman of the Committee along with other Members to enquire into the allegations against the petitioner and others.”

Faizan Majid Bhat, counsel for the petitioner submitted that the enquiry would have been concluded till now in view of the issuance of the order. He contended that the order had violated the rules of natural justice saying at least the petitioner deserved hearing before the same was issued. The petitioner, he said, is being deprived of his right to practice.

In response to the submission, Bikram Deep Singh, DAG submitted that the allegations against the petitioner were “grave” as “he was found referring patients to private hospitals for availing treatment/benefits under PM-JAY Sehat Scheme.” “The alleged act of the petitioner is against the public policy,” the DAG said.

Notably, last year in August a four-member inquiry committee was constituted by H&ME Department to inquire into allegations regarding violation of Standard Treatment Guidelines.

The Committee was constituted after the H&ME Department was in receipt of certain complaints against doctors for violating Standard Treatment Guidelines.

It was alleged that several doctors, despite the ban, continued to do private practice across Jammu and Kashmir which had led to various problems at government hospitals.

Moreover, it was alleged that doctors are recommending medical intervention in their private clinics, instead of attending the same in the government health institutions, where they are posted.