Medical document supporting man having labour pain: High Court orders action (MP)

Mocking that this was "yet another case of immaculate conception with no available details of the messiah born therefrom", the HC bench comprising of Justice Atul Sreedharan noted that, "In all probability, the Petitioner visited the Primary Health Centre and found the admission slip in question, discarded by the doctor, without the patients name and details, which was picked up by the Petitioner who entered his name and date in space provided and used it as a slip issued to him in order to show that he is undergoing treatment."

Dismissing the petition, the bench directed the Registrar General to initiate action against the man for filing fake medical document and observed in the judgment, "the Registrar General is requested to proceed in accordance with law and file a complaint case before the appropriate Court having jurisdiction to try an offence against the petitioner for offences under Sections 468, 471 and such other provisions under the IPC or any other law in force under which the petitioner may be prosecuted."

A 42 years old male had approached the court challenging the order dated 26.10.2021, by which his representation for condoning his absence for the period from 2003 to 2006 on the grounds of serious illness and his reinstatement in service, was rejected.

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He was employed under the Shiksha Guarantee Scheme and had started working on 27.01.1997. After this, he had allegedly become a patient of heart disease and was unable to discharge his duties as Guruji (Samvida Shala Shikshak Class-III) in E.G.S. Centre, Parditola, Gram Panchayat, Surkhi.

It was claimed that between 1998 to 2006, the petitioner was taking continuous treatment from various doctors and was away without leave for the duration on account of which, his services were terminated by the Government.

The court noted that in his declaration, the petitioner has mentioned that this was his third petition before the court. However, the counsel for the State pointed out that the petitioner had missed mentioning one more petition by which the court had directed the Collector, Sagar, to decide the representation of the petitioner against his termination on merits within a period of three months from the date of the order.

It was further observed by the court that the petitioner had filed several documents relating to his alleged cardiac problem. The bench noted that "Several certificates and prescriptions are without the signatures of the doctors and many of the OPD tickets and treatment slips are of the Government run medical institutions."

However, referring to a particular document the bench noted that the admission slip had mentioned that the man had gone into labour pain.

"While perusing the documents relating to his affliction this Court realised that the Petitioner maybe a person of immense interest to the medical community. At page 39, is an admission slip issued in the name of the Petitioner by the Samuhik Swasthya Kendra (place not mentioned) dated 29/09/11, wherein it is written "C/O Amenorrhea 9 month labour pain start since today morning 5 A.M". In other words, the Petitioner, a male aged 33 years (as on 29/09/11) was wheeled into the labour room with labour pains. Perhaps, yet another case of immaculate conception with no available details of the messiah born therefrom," the bench observed in a mocking note.

Mentioning that the man had filed fake documents, the bench noted, "The petitioner has unabashedly filed fake documents with utter disdain and disregard for this Court. The document at page 39 clearly reveals that the petitioner has no qualms about making false statements and filing fabricated documents before this Court. In all probability, the Petitioner visited the Primary Health Centre and found the admission slip in question, discarded by the doctor, without the patients name and details, which was picked up by the Petitioner who entered his name and date in space provided and used it as a slip issued to him in order to show that he is undergoing treatment. He apparently was unable to understand the diagnosis requiring admission into the PHC which was written in English."

Dismissing the plea, the bench mentioned in the order, "Under the circumstances, it is clear that the petitioner has no case on equity and his petition is dismissed as he has approached this Court with tainted hands."

However, opining that in such cases, the petitioner or the respondent, as the case may be, should not be allowed to go scot-free while trying to deceive the court by filing false statements, the bench directed the Registrar General to file a complaint case against the petitioner.

"Under the circumstances, the Registrar General is requested to proceed in accordance with law and file a complaint case before the appropriate Court having jurisdiction to try an offence against the petitioner for offences under Sections 468, 471 and such other provisions under the IPC or any other law in force under which the petitioner may be prosecuted," further read the judgment.

To read the court order, click on the link below.