MAMC's Forensic Medicine Dept faces internal rift of doctors: Delhi HC intervenes, calls it detrimental to hospital

New Delhi: While considering a plea regarding an internal rift between the doctors of Department of Forensic Medicine at Dr Maulana Azad Medical College (MAMC), the Delhi High Court recently observed that the department should function efficiently for the patients and such rift between doctors cannot be permitted to continue unabatedly.

"The Department of Forensic Medicine, MAMC ought to function in an efficient manner in the larger interest of the public and patients. Such disputes between doctors is detrimental to the interest of the hospital itself and cannot be permitted to continue unabatedly," observed the HC bench of Justice Prathiba Singh.

Issuing directions to the Dean of the medical college to talk to the doctors and submit an inquiry report in this regard, the HC bench further mentioned in its order, "Accordingly, Dr. Anil Aggarwal, officiating Dean, MAMC shall, interact with all the doctors in the Forensic Medicine department and make enquiries. Dr. Aggarwal shall place his report on record in a sealed cover within one week."

The matter has been listed on March 3 for consideration of the report.

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The plea had been moved by Dr Subhash Vijayran, who is pursuing his MD at the forensic Medicine Department at MAMC alleging that the functioning of the department was severely impeded due to the internal rift between the various doctors. Dr Vijayran has completed his MBBS degree and also has an LLB degree, thereafter he joined the Department of Forensic Medicine on October 20, 2022.

He claimed that there are various factions within the Department of Forensic Medicine, MAMC, who are indulging in activities, which are impeding the functioning of the department and therefore he prayed for an inquiry regarding the role being played by various doctors.

In this regard, the counsel for the Dean of MAMC, Mr. Gautam Narayan submitted that there are two factions of doctors in the Department of Forensic Medicine, MAMC and the same is the cause of the entire controversy in these matters. 

Filing another plea, Dr Vijayran claimed that Mr. Abhijit Mishra represents some of the doctors with whom he has a dispute. He alleged that Mr. Mishra has levelled various threats against him and has also interacted in Whatsapp communication with him on behalf of the doctors. In this regard, Dr Vijayran also submitted extracts of the WhatsApp communication to show the manner in which, Mr. Mishra allegedly threatened him.

Considering the Whatsapp Communication, the bench observed, "The WhatsApp communication and exchange of messages, which have been placed on record show that there is continuous communication between them. The content of the messages, if correct, show that there has been monetary demands by the Respondent no.1 from the Petitioner. In the prima facie opinion of this Court, Mr. Abhijit Mishra who is an Advocate ought not to have been entering into such communication with the opposing party – that too in such an improper and impermissible manner."

Directing the Bar Council Delhi to examine the matter, the bench ordered in this regard, "Accordingly, it is directed that the allegations raised in the present writ petition be treated as a complaint by Dr. Subhash Vijayran against Mr. Abhijit Mishra before the BCD. The same shall be examined by a Disciplinary Committee nominated by the BCD consisting of at least two designated senior advocates who shall file a report before the Court giving their recommendations in the matter."

"The said exercise shall be completed within two months. The Disciplinary Committee of the BCD shall be constituted within one week and the first hearing shall take place on 22nd February, 2023 at 4:00 pm in any chamber/office in the High Court premises," it added while listing the matter for further hearing on April 19, 2023.

Meanwhile, Mr. Mishra filed another plea and sought cancellation of the bar license of Dr Vijayran. It was his contention that since Dr Vijayran is working in the Department of Forensic Medicine, MAMC and is earning salary from there, his license to practice as an advocate ought to be suspended/cancelled.

However the bench deferred the matter after taking note of the fact that Dr Vijayran has filed a plea in the Supreme Court seeking a change in the BCD rules that prevent the advocates from being in employment. Taking note of the fact that the concerned petition is likely to be listed before the Supreme Court very soon, the HC bench listed the matter for further hearing on April 19, 2023..

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/delhi-hc-mamc-201638.pdf

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