Selection of ‘tainted’ docs: HC says adequate material for FIR

The court reprimanded Punjab for making attempts to help the doctors,who indulged in malpractices to get selected. “It appears that deliberate efforts are being made by the state to help those who have indulged in malpractices in order to secure selections,” the division bench held.

After reading the reply by Director,Health Department,the Bench held that “the reply,which is sought to be filed by the Director,health and family welfare,Punjab,is aimed at exonerating and bailing out the 14 respondents (doctors) and,in fact,is contrary to the findings in the inquiry report,which has been placed on record by the petitioner. The inquiry was conducted by the Punjab vigilance bureau under the order and direction issued by the state government. We have not been able to appreciate how the director is brushing aside the issue completely and taking a stand contrary to the report”.

Earlier,during the hearing,the Director had filed an affidavit stating that “no vigilance enquiry” is pending against 15 doctors who have recently been allowed to participate in the examination for post graduate courses and also the counselling process. The affidavit was filed in response to a petition demanding stay on examination and counselling for post- graduation courses in government medical colleges for the “tainted” doctors. The petition was filed by one Jatinder Singh,resident of Punjab.

Reacting sharply to this claim,noted lawyer Anupam Gupta,counsel for Baba Farid University said that it was a “blatantly false and reckless affidavit”. Appalled at the health department’s move,Gupta questioned the sense of responsibility with which the department filed the affidavit. Gupta apprised the division bench of the scathing inquiry report prepared by the Punjab Vigilance Bureau.

In a first,the Vigilance Bureau had indicted all the members of Punjab Public Service Commission (PPSC) for their “individual and participative collusion” by submitting a inquiry report last year on the recruitment of 312 medical officers.

Gupta,who is also the counsel for former Punjab DGP,K P S Gill in the main case wherein the vigilance report was submitted,read out the report and pointed out the cash withdrawals and exchange of phone calls between members of PPSC and medical officers. Gupta said it was a “pervasively and notoriously corrupt selection”. Referring to the vigilance report,Gupta added there is “palpable and tangible evidence” against the doctors in the comprehensive inquiry report. Gupta also told the Bench that the main case is pending adjudication before another division bench headed by the Chief Justice.

Shocked over the submission of such an affidavit by the Health Department,Gupta said that Department of Health is headed by an officer (Principal Secretary) “whose integrity I have full confidence in”,it (affidavit) may have been a “serious communication gap” between the Director and Principal Secretary.

The division bench then perused the Vigilance report and confronted the counsels appearing on behalf of the doctors. Contesting the indictment by vigilance,a lawyer appearing on behalf of a “tainted” doctor tried to plead innocence but was made to take his seat since the affidavit bore the signature of the lawyer and not the doctor.

Refusing to accept the “misleading” affidavit submitted by the government,the High Court has directed Vini Mahajan,Principal Secretary,Health Department to file the correct affidavit failing which she will have to remain present in the court. The case will now come up for resumed hearing on May 24.