J&K: Govt mass terminates 112 Doctors for unauthorized absence for years

Srinagar: Around 112 doctors in Jammu and Kashmir have been terminated based on the order of the Health and Medical Education Department for their alleged unauthorized absence from duties across J&K. 

These doctors include 100 Medical Officers, 6 Consultants (surgeons), 2 Dental Surgeons, and four B-Grade Specialists, whose services were terminated via four separate orders issued by J&K Health and Medical Education Department, reports the Greater Kashmir. 

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Via the order, the health and medical education department observed that these doctors have remained absent for more than five years while others remained absent during their probation period. 

The government claimed to be taking action against "truant medicos" to demonstrate its resolve against "indiscipline and dereliction of duty". The order was issued by the Principal Secretary GAD & Health and Medical Education Department Manoj Kumar Dwivedi. 

The order states, "Director, Health Services Jammu and Director Health Services Kashmir had intimated that these doctors resorted to unauthorized absence from duties." It further mentioned that the Director Health Services Jammu and Director Health Services Kashmir and in some cases even the Administrative Department had served notices to these doctors. It added that already an opportunity was given to the doctors to resume their duties immediately with the caution that otherwise disciplinary action would be initiated against them as warranted under rules, but observed, "However, these doctors neither replied to notice nor reported back for duties."

The order quoted Rule 8(i) of the J&K Civil Service Leave Rules, 1979 which reads "Leave cannot be claimed as a matter of right." It also quoted Rule 25 (2) of J&K Civil Services Leave Rules, 1979 which reads as "Willful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action"; Rule 21(1) of the Jammu & Kashmir Civil Services (Classification, Control, and Appeal) Rules, 1956 which provides that "At any time before the expiry of the prescribed period of probation, the appointing authority may suspend the probation of a probationer and discharge him from the service for want of vacancy; and at its discretion terminate the probation of a probationer and discharge him from the service"; Rule 4 of the Jammu and Kashmir Probationer (Condition of Services, pay and Allowances) and Fixation of Tenure Rules, 2020 about "Suspension or discharge during probation."

Further, the order mentioned Article 113 of J&K Civil Services, Regulations Volume-I prescribing that "a Government servant after five years of continuous absence on leave is considered to be out of state employment." 

After quoting these rules, the order declared that "the cases of these doctors have been examined thoroughly in the department given the rule position governing the subject and it has been found that since these doctors have not resumed their duties despite notices issued to them and this act on their part is a voluntary act and they are liable to be discharged from services on account of unauthorized absence from duties." It said, "The services of these unauthorizedly absent doctors are hereby terminated and they are discharged from the Government service with effect from the dates specified."

Thus, the order stated, "Now, therefore in terms of Article 113 and Article 128 of J&K Civil Services regulation, the services of following unauthorisedly absent doctors are hereby terminated from the dates mentioned against each (the date from which they have been absent)." 

The terminated doctors have remained absent over different periods ranging from 2005 to 2020, reports the HT. 

Meanwhile, stating that the government would not stop here, Dwivedi stated that many more cases were pending on the same analogy which would also meet the same fate in the days to come. He said, "Those cases are also being examined and action will be taken against them too."

The Daily Excelsior reports that the J&K government also ordered the establishment of a Review Committee for suspension cases of faculty members of Government Medical Colleges (GMCs) of J&K (Medical Education). The order stated that the Review Committee would comprise the Administrative Secretary, H&ME Department; Concerned Principal of the GMC (as the case may be); Director Finance, H&ME Department; Additional Secretary H&ME Department and Additional Secretary (Law), H&ME Department. It further stated that the concerned under the Secretary of the H&ME Department should present the case before the Review Committee with all the necessary documents. 

Speaking to the Greater Kashmir, Dwivedi said, "Today's list comprised the cases which came to the fore immediately. Precisely, they were readily available- fully fit for action. Now we'll dig out other cases which have been left out. And I think that hundreds of such cases will come out in the days to come. Exercise to dig out those cases and compile them for action has already been initiated. In the next couple of months, we'll have another round (of initiating disciplinary action as per rules against them."

He said, "See, this action is a clear message from the government side. It's a two-fold message. One- If you are not interested in doing your duties, you should be sincere enough to take voluntary retirement and leave the post, making way for the others. Second but the most important message is that dereliction of duty, in the shape of being absent, will not be tolerated, at all. It will entail action for sure."

He added, "This message from the government is obviously for the doctors, who are taking their jobs very lightly as they presume that the government may not take any action against them; so after some years they will come back and join duties to claim all kinds of benefits. Now, this will not be allowed and they should better understand that they are not on a morally high pedestal on this account and the government action is well justified and in the larger interests of citizens who suffer on account of the shortage of doctors in the hospitals."

Talking about the backgrounder to this move, Dwivedi said, "You are aware that I've taken over the (additional) charge of the Department just a few days back. Immediately after taking over (the charge), I did this exercise to find out how many such doctors were there – who had not been working for a long time. So when I got the details of these cases, which formed a long list of such doctors, I said that probably the best action should be to terminate their services,' adding, "Otherwise what happens is that these people stay away for many years and suddenly when they lose jobs abroad or want to change, they come back and join here and then start asking for all benefits for the intermediary period also.

This is basically a loss to the government exchequer. It is better to terminate them. Automatically, then, these vacancies will be available to be filled up and we can appoint fresh lot (medicos) who are interested to work on these posts. This long list of cases came to the fore when I compiled all pending cases. I compiled it and took action. We're finding more cases also."

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