Interim Relief- HC Stays Suspension of Medical Officer Arrested for Allegedly Fabricating Marksheet

Jodhpur: Granting interim relief to a government Medical Officer, the Jodhpur bench of the Rajasthan High Court issued a stay on the suspension order issued to him by the State after the doctor was arrested for allegedly helping the principal accused in preparing a fabricated marksheet.

The HC bench of Justice Arun Monga held that before passing the suspension order, the Government authorities should have placed the petitioner's case before the review committee.

"Given the sheer time lapse between the time when the petitioner was arrested and the time of passing the impugned order, coupled with the fact that, at this stage, petitioner is merely an under trial/ co-accused, since the trial has commenced after filing the chargesheet, his suspension may not be warranted," observed the HC bench.

Further, the Court noted that the principal accused, who took the benefit of the forged mark sheet was someone else and the petitioner had only conspired in helping her to prepare the fabricated mark sheet.

"Thus, the petitioner is not beneficiary of the said fabrication, if any, which, in any case is sub judice before competent court. At this stage, it is merely an allegation," noted the HC bench.

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The issue concerned the petitioner, who obtained a No Objection Certificate (NOC) to appear in NEET PG 2021. After qualifying, he was allotted a PG course in Radiodiagnosis at Dr. S.N. Medical College, Jodhpur.

The issue concerned a Medical Officer, who obtained a 3-year study leave in April 2022 to pursue a PG course. On 12.04.2022, the petitioner was relieved from the position of Medical Officer to join the PG course, and a three-year study leave was sanctioned for this purpose.

However, on 20.03.2024, an FIR, alleging the fabrication of the educational degree of one Kamla Kumar, was registered under Sections 419, 420, 465, 467, 468, 471 & 120-B of IPC at Police Station Civil Line, Ajmer, where the petitioner was not initially named as an accused, but was later implicated based on the statement of a co-accused.

Subsequently, the petitioner was arrested on 22.03.2024. Currently, the petitioner is on bail and a charge-sheet was filed on 14.06.2024 and the petitioner was facing trial as co-accused.

Following his release, the petitioner applied on 12.11.2024 to rejoin the PG course. Instead, on 29.12.2024, the Joint Secretary of the Department of Personnel, Government of Rajasthan, exercising powers Rule 13(2) of the CCA Rules, 1958, suspended effective from 22.03.2024 on the ground of having remained in custody and fixed his headquarters at the office of the Director, Medical and Health Services, Rajasthan, Jaipur. Therefore, the petitioner filed the plea before the Rajasthan HC.

While considering the plea, the HC bench took note of the circular dated 22.03.2023, as per which, if any government employee was arrested and kept in custody for more than 48 hours in relation to any of the heinous offenses, including involvement in using unfair means in public examination, he/she should be immediately suspended.

Further, the circular mentioned that if the charge sheet was filed before the Court, then the matter for revocation of suspension shall be kept before the review committee for proper consideration.

Taking note of this, the Court observed, "...it does appear that the competent authority, before passing the impugned order, first ought to have placed the case of the petitioner before the review committee."

Finally, the HC bench disposed of the plea with a direction that the petitioner's case shall be placed the Review Committee within a period of 30 days upon the petitioner approaching with the web-print of the instant order. "The Review Committee shall thereafter take a decision in accordance with the circular, ibid, by passing appropriate order," noted the HC bench.

"Till the needful is done, the effect and operation of the impugned orders dated 19.12.2024 (Annex-17) & dated 03.01.2025 (Annex.18) shall remain stayed," it further observed.

However, before parting, the bench further clarified that since the suspension order has been stayed, the petitioner shall be allowed to continue to carry on his 3rd year of the Post Graduation course at Dr. Sampurnanand Medical College (SNMC), Jodhpur.

To view the HC order, click on the link below:

https://medicaldialogues.in/pdf_upload/rajasthan-hc-order-270081.pdf

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