Govt relief to Anesthetist who took unauthorised study leave for 4.6 years

Jammu: Allowing a doctor to re-join his duties after a long period of unauthorized absence, the Health and Medical Education Department of J&K Government has decided to consider his period of absence undergoing superspecialty training in Anesthesiology as 'Dies Non'.

The State Government decided to provide relief to the doctor after taking note of the fact that the concerned doctor "has shown his willingness to rejoin his duties."

Therefore, taking a lenient view, the State Health Department issued an order dated January 30, 2023 and accepted the joining report of the doctor.

"Since the doctor was not eligible for study leave, as the period of his absence/undergoing Senior Residency from SHKM, GMC w.e.f. 07.01.2016 to 27.02.2018 and 01.06.2018 to 28.10.2020 shall be treated as 'Dies Non'," read the order issued by Secretary to the State Health and Medical Education Department.

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The concerned doctor had been appointed as Medical Officer in the State Health Department back in 2014. However, he was undergoing DNB Anesthesia at Artimis Health Institute back then and therefore he continued the said course on the basis of the Interim orders passed by the High Court. 

Consequently, the State Government sanctioned the grant of extension. However, he did not report back on the basis of the Government Order issued back in 2016. 

Meanwhile, the doctor applied for joining the Directorate of Health Services, Kashmir and issuing an order back in 2018 the Directorate utilized the services of the doctor at SDH Kupwara.

Therefore, the unauthorized period of the doctor from 07.01.2016 to 28.02.2018 could not be settled. In fact, while being employed at SDH Kupwara, the concerned doctor again resorted to unauthorized absence from 01.06.2018 for undergoing DNB Superspecialty in Neuro Anethesiology on the direction of the order dated 11.05.2018 passed by the High Court.

The High Court had directed the authorities to consider the case of the petitioner doctor in strict accordance with law. Consequently, the matter came for consideration before the Departmental Designated Committee. In its meeting dated 05.07.2022, the committee recommended to refer the matter to the HRM Branch of Health and Medical Education Department. 

After considering the case of the doctor in terms of rule 33(1) of J&K Civil Services Rules, 1956, a show cause notice was served to the doctor asking him to explain his conduct for his continued unauthorized absence from duties.

Responding to the show-cause notice, the doctor submitted that he is very much eager to deliver healthcare service for which he is waiting since 2020. He also submitted that since his specialization and experience in the field of Anesthesiology will be helpful and beneficial to state health sector and requested that the Government takes a compassionate and sympathetic look into his case and allows him to re-join his duties.

Taking note of the fact that the doctor has shown his willingness to re-join his duties, the Government decided to take a lenient view and accept the joining report of the doctor.

Therefore, the State accepted the joining of the doctor from 29.10.2020 and allowed monetary benefits with immediate effect on certain conditions.

(i) He is/was not involved in any subversive activities as well as is/was not employed in any other Government/private sector till date, for which an affidavit duly authenticated by the 1st Class Judicial Magistrate be obtained by the Directorate of Health Services, Kashmir.

(ii) The concerned doctor shall be warned not to leave his place of posting for any occasion in future without approval of competent authority, for which disciplinary action shall be initiated against him in terms of Rule 128 of J&K Civil Services Regulations Volume I, without any further notice.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/jk-government-order-200584.pdf

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