SC relief to KGMU Paediatric surgery professor terminated despite stay order

New Delhi: The Supreme Court of India recently granted relief to a Lucknow-based professor of the Pediatric Surgery Department at King George's Medical University (KGMU), who was terminated from service despite a stay order protecting him.

Taking note of the fact that the professor's dismissal violated an existing interim order passed by the Allahabad High Court, the Supreme Court recently set aside an HC order that had dismissed a contempt plea filed by the doctor. The Apex Court bench comprising CJI BR Gavai and Justice K. Vinod Chandran has issued directions for the matter to be reconsidered.

"We do not propose to enter into the rival contention. It is evident that once an interim order was in operation from 20th December 2018 and was being extended from time to time, the mere release of the matter on 6th February 2019 could not have constituted a valid ground for violating the order dated 20th December 2018," ordered the top court bench.

"The impugned judgment and order dated 23rd September 2024 passed by the Single Judge of the High Court of Judicature at Allahabad, Lucknow Bench is quashed and set aside. The matter is remitted back to the High Court for considering the contempt petition afresh," it further directed.

The concerned Professor was appointed as the Nodal Officer for implementing the Central Patient Management System (CPMS) at KGMU back in 2010. Thereafter, in 2017, an audit report pointed to the irregularities. Following this, a disciplinary committee was formed.

Challenging the preliminary enquiry report, he filed his plea before the Allahabad High Court. After considering the matter, the bench reserved judgment on November 16, 2018. However, during the pendency of the plea, the disciplinary committee continued its proceedings and sent the petitioner doctor a questionnaire. Aggrieved by this, the doctor filed a second plea.

Consequently, on December 20, 2018, the Single Judge allowed the authorities to continue with the disciplinary proceedings. However, it clearly directed that no final order should be passed until the earlier plea was decided. Despite such a direction, the first case was released from the single judge's board on February 6, 2019, without judgment.

Meanwhile, the disciplinary committee submitted a chargesheet to the Executive Council, which approved it. Consequently, the petitioner filed a third petition. When he was suspended in October 2019, he filed a fourth petition, in which his suspension order was stayed.

When the KGMU approached a division bench of the HC, the bench ordered that all four petitions be heard together. The Division Bench also held that the earlier interim protection would continue.

Meanwhile, during the pendency of these pleas, the University terminated the doctor's services on June 10, 2020, after finding him guilty of charges. Thereafter, he filed a contempt plea before the High Court and contended that the dismissal order violated the stay order dating back to December 2018. However, noting that several other related proceedings were pending, the HC bench dismissed the contempt plea. Following this, the doctor approached the Supreme Court, challenging the dismissal of his plea by the Allahabad High Court.

The counsel for the petitioner, Mr. Vishwajit Singh, submitted that merely because a W.P.(S/S) No. 29638 of 2018 was released by the Court, it could not be presumed that the interim order dated 20th December 2018 had ceased to operate. He also submitted that such a view would not be a correct position of law and that, unless leave of the Court was obtained by the Respondent, the Appellant’s services could not be terminated.

The top court bench observed that once an interim order was in operation from 20th December 2018 and was being extended from time to time, the mere release of the matter on 6th February 2019 could not have constituted a valid ground for violating the order dated 20th December 2018. On this ground, the Supreme Court bench allowed the appeal.

Remitting the matter back to the High Court for fresh consideration, the Apex Court also observed, "The High Court may also consider taking up the other connected matters, if any, and hear them together for effective adjudication."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/prof-307951.pdf

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