C A V Order

Since both these petitions arise out of the same incident, they are being disposed of by this common order.

02. The petitioner Dr. RK Bhange has filed WPS No.6350/2014 challenging the orders dated 11.11.2014 (Annexure P/2) and 13.11.2014 (Annexure P/1) passed by respondent No.1 whereby he has been suspended and dismissed from service. In WPS No.6806/2014 the petitioner is questioning the legality and validity of the order dated 13.11.2014 passed by respondent No.1 whereby he has been dismissed from service.

03. Case of the petitioner Dr. RK Bhange, in brief, is that he was posted as Incharge Chief Medical and Health Officer, Bilaspur vide order dated 15.7.2014 and joined the said post on 31.7.2014. While working as CMHO, Bilaspur, he passed an order dated 27.10.2014 for all the Block Medical Officers that under the National Family Planning Programme, sterilization camps have to be organized in the month of November, 2014 and sterilization operation of female would be conducted by Laparoscopy method and sterilization operation of male would be conducted by Non Scaipal Vasectomy (NSVT) method.

Accordingly, a camp was organized on 8.11.2014 at the Community Health Centre, Kota and Dr. VK Khetrapal was intimated to conduct the operation in the camp. On 10.11.2014 at about 8.30 am, the petitioner received information about death of a woman at District Hospital, Bilaspur and the said incident took place because of negligence in sterilization performed by Dr. RK Gupta in the sterilization camp held at Nemichand Jain Hospital, Village-Pendari, Block-Takhatpur, Distt. Bilaspur. Then only the petitioner came to know about the sterilization camp organized at Nemichand Jain Hospital, Pendari whereas no sterilization camp was to be organized in any private hospital and it was to be organized only at Community Health Centre, Kota vide order dated 27.10.2014. The petitioner was not informed about the said sterilization camp organized at Nemichand Jain Hospital and the respondent authorities suspended the petitioner on 11.11.2014 without providing any opportunity of hearing and finally, on 13.11.2014 terminated his services in an arbitrary and illegal manner. Hence this petition for the following reliefs:

“10.1 This Hon’ble Court may kindly be pleased to quash Order dated 13/11/2014 bearing No. F 6-24/2014/9/17 passed by the respondent No.1 (Annexure P/1) in the interest of justice.

10.2 Order dated 11/11/2014 bearing No. F 6-24/2014/9/17 passed by the respondent No.1 (Annexure P/2) in the interest of justice.

10.3 Cost of the proceedings.

10.4 Any other relief which this Hon’ble Court deems fit in the interest of justice.”

04. Case of the petitioner Dr. RK Gupta, in brief, is that a mass sterilization camp was organized on 8.11.2014 at Nemichand Jain Cancer Hospital, Sakri and the petitioner being a specialist surgeon was directed by the Chief Medical and Health Office, Bilaspur to attend the said camp and perform tubectomy operations. The petitioner performed 83 tubectomy operations on the said date with due and reasonable care and competence. The medicines after operation was prescribed and distributed by the subordinate staff. However, the women who were operated upon, returned after some time complaining nausea, vomiting, drowsiness, fall of blood pressure etc. The Divisional Joint Director, Health Services, Bilaspur Division prepared a report dated 10.11.2014 to save himself proposing departmental action against the petitioner. The petitioner was arrested on 12.11.2014. The same Divisional Joint Director submitted another report dated 12.11.2014 to the Additional Chief Secretary, Department of Health and Family Welfare, Govt. of Chhattisgarh, to save himself proposing departmental action against the petitioner. Finally, without conducting any departmental inquiry or affording any opportunity of hearing, the petitioner’s services were terminated by the impugned order dated 13.11.2014. Hence this petition for the following reliefs: “i