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Satish Chaturvedi v. State Of U.P. - PUBLIC INTEREST LITIGATION (PIL) No. 32844 of 1997  RD-AH 6368 (6 April 2007)
Court No. 30
Civil Misc. Writ Petition No.32844 of 1997
State of U.P. and others (47)
Hon. Sunil Ambwani, J.
Hon. Dilip Gupta, J.
Present Sri Rakesh Pandey, Advocate appearing for the petitioner; Sri U.N. Sharma, Senior Advocate; Sri Kapil Rathore for the Principal, Moti Lal Nehru Medical College, Allahabad; Sri J.K. Tiwari, learned Standing Counsel for the State; Shri A.K. Gupta for Durga Diagnostic Center; Shri P.S. Baghel for the University of Allahabad and Shri Shashi Nandan, Senior Advocate appearing for some of the teachers of the Medical College and the students. Dr. P.C. Saxena, Principal of the Medical College is also present.
On the last occasion we had, on an application filed by the University for directing the Treasury Officer to make payment of GPF loans to the concerned employees of the Medical College and associated Hospitals, directed the State Chief Treasury Officer to make the payment of GPF loans without any delay. The Standing Counsel has filed an affidavit of Sri Vinay Kumar Srivastava posted as Treasury Officer, Civil Lines, Allahabad. He has stated in the affidavit that the GPF of the employees of the Medical College was not transferred to the Allahabad University after it became the Central University and that the transfer of GPF of these employees is to be made by the Accountant General of the State of U.P. and not by the State Treasury. It is stated in the affidavit that the bills of some employees of the Medical College submitted by the Principal of the University cannot be passed by the State Treasury as these employees are no longer employees of the State Government. It is also stated that the procedure for transferring the GPF is, that the employees have to first file application before the University, which with the prior permission of the State Government, can request the Accountant General to transfer the GPF from State Government to the University. We are really surprised that instead of making the payment as directed by us, the Treasury Officer has raised such technicalities. The employees contribute to GPF for providence and must be paid their money on the contingencies on which they can avail loan from their own fund. In such a situation the money cannot be withheld on account of some procedural formalities. We, therefore, direct that the GPF Advance bills of the employees with the Treasure Officer that were submitted by the Principal of the Medical College shall be immediately processed by the Treasury for payment without insisting on the formalities to be completed as that can be done in due course of time. The State Government shall take immediate steps through the Accountant General, U.P. to transfer these funds to the University.
Sri P.S. Baghel, learned counsel appearing for the University has stated that pursuant to the order passed by us on 23rd March, 2007 the salary of the Doctors and employees of Manohar Das Eye Hospital has been released. We also deem it appropriate to ask the Principal of the Medical College to give a complete list of Doctors/employees who are on deputation from the State Government in the Manohar Das Eye Hospital. This may be done by the next date of listing.
Learned Standing Counsel has submitted that sanction has been granted for the balance payment of Rs.2.5 lacs to the Medical College towards the PLA account. We expect that the payment shall now be made to the Medical College at the earliest.
The matter relating to the grant of personal promotions to certain Associate Professors as Professors shall be taken up on the next date of listing as learned counsel for the parties have suggested that the matter may be taken up after the decision of the Supreme Court in the SLP filed by the State Government against the order dated 13th November, 2006.
We had issued show cause notice to the Executive Council of the Allahabad University for acting in complete defiance of the restraint order by resolving to give promotions to the teachers of the Medical College. Sri P.S. Baghel, learned counsel appearing for the University has stated that a communication has been sent by the University to the Members of the Executive Council for submitting their reply. He has, therefore, suggested that this matter may also be taken up on the next date of listing.
We had passed orders on 1st April, 2005, 29th April, 2005 and 9th September, 2005 reminding all teachers/Doctors of the Medical College that they must attend to the clinical duties religiously and faithfully and to stop private practice. We also required all the teachers of the Medical College to submit an undertaking that they shall not indulge in private practice. The teachers and Doctors had filed their affidavits giving their undertaking to Court. In our order dated 2nd December, 2005, we noticed that 18 teachers had not submitted such undertakings. It was, however, pointed out by Sri Kapil Rathore that 10 teachers had submitted applications to the State Government for voluntary retirement. We have been informed that in spite of the aforesaid clear directions issued by us, some of the teachers of the Medical College are still doing private practice from their residence and visiting patients for fees, while others are attending private nursing homes and hospitals. Such willful defiance of our orders amounts to violation of service rules and also contempt of Court. We have, therefore, been left with no option but to constitute a Committee consisting of prominent and responsible citizens to make enquiries and inspection to locate all such teachers of the Medical College. The Committee shall be at liberty to visit the hospitals, nursing homes and the residence of the teachers and doctors and other places to find out whether any teacher of the Medical College is indulging in private practice. The Committee shall directly report to the Court and shall also submit a copy of the report to the Chief Medical Officer/University, so that immediate steps can be taken for suspending the registration of the hospitals and nursing homes allowing these persons and abetting with them and to place them under suspension pending final decision in the matter. The Chief Medical Officer shall also be at liberty to seal the hospital and nursing home in the event any teacher of the Medical College is found attending any patient in such place.
The Principal of the Medical College shall submit a list of such teachers who have proceeded on long leave and a list giving the classes taken by the teachers during the last two years. He shall also provide a chart of clinical duties currently assigned to these teachers with details of days and hours and paste them to be prominently displayed at the registration counters and the concerned departments.
We have also heard at length the arguments advanced by Sri A.K. Gupta, learned counsel appearing for the Durga Diagnostic Centre and Sri P.S. Baghel, learned counsel appearing for the University. Sri Baghel has pointed out that the University has taken a policy decision not to permit any private medical or diagnostic facility to operate from within the campus of the Medical College. He has, however, also stated that the University is taking steps to ensure that the equipments are made available in the Medical College to cater to the needs of the patients and till such time as these facilities are not made available, the Durga Diagnostic Centre may be permitted to operate the centre provided ofcourse, it gives an undertaking that it will not only comply with the terms and conditions indicated by us earlier but shall also peacefully vacate the premises in future when these facilities are made available in the Hospital and is asked to do so by the University. Sri A.K. Gupta, learned counsel appearing for the Durga Diagnostic Centre has stated that he shall seek necessary instructions from his client and the matter may be taken up on the next date of listing.
Sri Shashi Nandan, learned counsel appearing for Dr. Neeraj Srivastava has urged that the suspension order passed by the Principal of the Medical College may be revoked as his client has already suffered a lot. During the course of hearing Sri Shashi Nandan, learned counsel suggested that this matter may be taken up on 13th April, 2007 so that he can seek necessary instructions from his client.
Let the matter relating to Dr. Neeraj Srivastava alone be taken up on 13th April, 2007 at 3.30 PM. The other matters shall be taken up on 18th May, 2007 at 1.45 PM.
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