Lack of biometric attendance: HC asks GMC to initiate inquiry against HoD doctor

Although the High Court bench comprising of Justices Ravindra V. Ghuge and S.G Mehare pointed out that the accused doctor guilty of absence at the Government hospital hurriedly signed his attendance for all the months including holidays, the bench clarified that the bench hasn't formed any opinion regarding the alleged misconduct on the part of the doctor since "it is not within our jurisdiction to draw such conclusion."

"We, therefore, direct the Director of Medical Education, Maharashtra State, to initiate such disciplinary proceedings so as to investigate as to whether, the allegations against the doctor could turn out to be true and in the event of the said allegations being true, appropriate action would then have to be initiated by the Director of Medical Education strictly in accordance with the service rules applicable," noted the Court.

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The bench was considering the Public Interest Litigation filed by Aurangabad MP Imtiaz Jaleel, who back on June 16 had raised the issue before the Court. The petitioner had alleged that despite being deputed to serve the Government Medical College and Hospital, Aurangabad (GMCH) more than two years ago, the doctor had not joined his place of transfer at Aurangabad and was drawing a salary without serving the hospital.

It was submitted on the behalf of the petitioner that the said doctor of CVTS Department was appointed in April 2018 at GMCH, Aurangabad and had earned his salaries without working at the hospital and without treating any patient.

Following this, the Dean of the GMCH via an affidavit on 30.06.2021 stated that the said doctor had joined duties on 19.04.2018 as the Professor and Head of CVTS Department. Since then, the said doctor had been working in the institution regularly and had been paid for the same, the Dean had submitted.

The Court had thus earlier noted that although the dean of the GMCH had given clean chit to the doctor, he had failed to produce the details of the duties to contradict the claims of the petitioner. Following this, the Court had directed the AGP to place before the Court the attendance record of the said Professor from April 2018 to May 2021, Operation Register and the Register of monthly Medical College Council meetings.

However, even after a cursory glance, the Court had spotted some discrepancies in those documents. The bench, thus, directed the AGP to ensure that the biometric attendance record of all professors and teachers of the CVTS Department from April 2018 to March 2020 were produced before the Court.

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During the hearing on Tuesday, the petitioner had submitted before the Court regarding the decision by the Indian Medical Council and an earlier communication of all Deans and Principals of Medical Colleges in India, where it was made mandatory for all medical institutions to implement 'Online Faculty Attendance Monitoring System' (OFAMOS).

After the Court noted that the hospital didn't have any record regarding the biometric attendance of the said doctor, the AGP submitted before the Court about the Government Resolution dated 23/06/2016 which mandated implementation of 'Aadhar Enabled Bio-metric Attendance System' (AEBAS) in all Government Health Institutions in Maharashtra.

Thus, he contended that the onus was on the doctor to register himself for such attendance, reported the Times of India. While talking to the daily, the doctor had earlier mentioned I have been regularly attending the GMCH and doing all the surgeries."

On Thursday, the petitioner submitted before the court the copy of the judgment dated 11.07.2018 delivered by the Maharashtra Administrative Tribunal, Mumbai (MAT) on Original Application No.535/2017 filed by the doctor for challenging his transfer order dated 07.06.2017 from Mumbai to the GMCH at Aurangabad. In the said judgment, the doctor's original application was dismissed and his transfer at Aurangabad was upheld.

Meanwhile, the AGP informed the Court on Thursday that the OFAMOS was not implemented in the GMCH at Aurangabad as most of the bio-metric machines supplied by the MCI were defective. To support his submissions, he cited a letter dated 21.05.2020 by the dean of the GMCH directed to MCI.

After going through all the records, the Court noted that the doctor had performed only 8 surgeries between 02.01.2019 till 03.12.2019. In fact, the doctor was not present at 61 meetings of the College council among the 62 meetings in total.

The bench also observed that even though the doctor had conducted only 8 surgeries in the entire period, he was shown to be present in the GMCH, Aurangabad all the same.

Taking a deeper look into the attendance register revealed that the said doctor appeared to have signed on all days even in the months, when he was on leave and later on noticing the mistake, has scored out the attendance.

"It is, therefore, apparent that the attendance register raises a serious doubt about its genuineness," noted the HC bench.

Referring to the judgment by MAT, the Court observed that although he was posted as the Professor at GMCH, Aurangabad via Government order dated 15.09.2014, and he was relieved from J.J Medical college, Mumbai on 09.10.2014, the doctor never joined the post and remained absent from 10.10.2014 to 07.11.2014. He only joined the institute on 19.04.2018 and didn't even sign the register in that month.

Addressing the issue of biometric attendance the Court noted that as per the submissions of the AGP the said doctor did not get himself registered on the central portal and never recorded his attendance through AEBAS.

This conduct on the part of the doctor "further strengthens the suspicion expressed by the petitioner that on the one hand, he avoided AEBAS and on the other hand, he has hurriedly marked his presence in the attendance register after noticing that his issue is being taken up in this PIL, which further indicates that he was relying on the physical attendance register so as to manipulate his attendance" noted the bench.

"In his hurriedness in signing for all months for almost three years after purportedly joining at Aurangabad, he has also marked his attendance in the months in which he was on leave and even on Sundays and national holidays," the court further observed.

Clarifying that the Court hasn't formed any opinion on whether the doctor had committed any misconduct or not, the bench mentioned,

"It is based on the material before us and as this serious issue has been raised by the petitioner in this PIL, that we deem it appropriate to direct the appropriate authority to initiate a departmental inquiry in the light of the allegations made against the doctor."

"We, therefore, direct the Director of Medical Education, Maharashtra State, to initiate such disciplinary proceedings so as to investigate as to whether, the allegations against the doctor could turn out to be true and in the event of the said allegations being true, appropriate action would then have to be initiated by the Director of Medical Education strictly in accordance with the service rules applicable," noted the Court.

To view the original judgment, click on the link below.