Central Administrative Tribunal - Kolkata
Dr Ramkanta Halder vs Health on 11 January, 2022
1 0.A. 1294/AN/2021 CENTRAL ADMINISTRATIVE TRIBUNAL - CALCUTTA BENCH, KOLKATA mg 0.A,/351/01294/2021 oy Hon'ble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. N. Chatterjee, Administrative Member Dr. Ramkanta Halder, Son of Late Aswini Halder, _ Aged about 61 years, ' Residing at Flat No. D-42, D&K City, ' Minnie Bay, Port Blair, Pin - 744108 And working to the post of Chief Medical Officer (NFSG). In the Department of Health Services, Andaman and Nicobar Administration, Port Blair at posted at CHC Bamboo Flat, South Andaman, Pin -- 744107. naan Applicant. -Versus- 1. Union of India Service through the Secretary, Government of India, Ministry of Health & Family Welfare, Government of India, "A" Wing, - Nirman Bhawan, . New Delhi --- 410011. 2. The Lieutenant Governor, Andaman & Nicobar Islands, -- Raj Niwas, Port Blair -- 744101; 3, The Chief Secretary, - Andaman & Nicobar Administration, Sec: etariat Complex, Port Blair -- 744101; 4. The Principal Secretary (Health), Secretariat, Andaman & Nicobar Administration, Port Blair -- 744101; 5. Director of Health Services, A & N Administration, | _ Port Blair, Pin-744101. ese Respondents. . f 2 0.A, 1294/AN/2021 Forthe'applicant -- : Mr. P.C. Das, Counsel -Ms. T. Maity, Counsel ' torthe respondents + Mr. R. Halder, Counsel Date of Order: \l- O} . DOLL ORDER
Per : Bidisha Baneriee, Judicial Member This application has been preferred to seek the following reliefs:
"a) To quash and/or set aside the impugned memorandum of charge-
sheet dated o6" July, 2020 issued by the Lieutenant Governor, Andaman & Nicobar islands (Disciplinary Authority) against the applicant along with "Article of Charges which was communicated to the present applicant vide _ office order dated io" July, 2020 being Annexure A-2 of this original application; oO
b) To quash and/or set aside the impugned office order dated 16" / 18"
November, 2020 issued by the Lieutenant Governor, Andaman & Nicobar Islands by which a Presenting Officer was appointed to present the case in support of the article of charges who is not the competent authority to deal with because he is holding the Group -- 8 post much below of the rank of the _applicant being Annexure A-8 of this original application.
¢) To quash and/ or set aside the impugned Enquiry Report submitted by the Enquiry Officer dated 24.05.2021 which was forwarded by the Assistant . Secretary (Vigilance), to the applicant vide office letter dated 28" June, - 2021 being Annexure A-15 of this original application;
d) To declare that the allegations levelled against the-applicant in the impugned charge-sheet dated 6" July, 2020 along. with Article of Charges are not sustainable on the ground of the impugned Enquiry Report which' was conducted. where none of the witnesses were appeared and no additional documents were provided to the applicant and since no witness was appeared as per the List of witnesses mentioned in the Charge-sheet, there is no question of making any cross-examination, therefore, such enquiry report cannot be sustainable in the eye of law and the allegations levelled against the applicant are also not sustainable in view of the serious lacuria after conducting the enquiry proceeding and so the impugned -
charge-sheet and the impugned enquiry report are liable to be quashed ' and/ or set aside in the eye of law and the applicant has to be exonerated . from all charges. se .
e). - To declare that any action on the basis of such impugned Enquiry | _ Report and the charge-shee" issued by the respondent authority cannot be _ sustainable in the eye of law," oo, = 3 -0.A, 1294/AN/2021 The applicant 'was charge sheeted vide memo dated 06.07.2020. The gravamen of allegations against the applicant being as under:
" Article-I WHEREAS, Dr..R.K. Halder, CMO NFSG (Adhoc), during the pandemic of COVID-19 had posted a comments in the WhatsApp group that "How the persons with contact history were transported from Port Blair to North Andaman on 17°" by STS Bus leaving two persons ct Rangat. North and Middle Andaman till date is free of infection and declared as green zone. _ How the infection may spread in N and M due to wrong decision of the authorities".
That based on the comments of the Dr. R.K. Halder, the press / media persons stated criticizing the authorities.
. That Dr. R.K. Halder was habitual of posting communal and inflammatory _articles/messages in the social media specifically in WhatsApp groups. Further he had displayed un-official notice/banners in front of OPD, CHC Rangat and in front of his chamber which created panic among the Islanders / General Public.
By. the. above act, the said Dr. R.K.- Halder, CMO NFSG (Ad-hoc) exhibited lack of absolute integrity, devotion to duty and acted in a manner un-becoming of a govt. servant thereby contravening to Rule-3 (1) (i) (ii) and
(iii) of the CCS (Conduct) Rules, 1964.
ARTICLE-II .
Dr. R.K. Halder has used Political influence through Shri Anil Bepari Up-Adhyaksh, Zilla Parishad, North & Middle Andaman by pressurizing the Authorities to consider his transfer from CHC, Rangat to Port Blair.
By the above act, the said Dr. R.K. Halder, CMO NFSG (Ad-hoc) . exhibited lack of absolute integrity, devotion to duty and acted in a manner un-becoming of govt. servant thereby contravening to Rule-3 (1) (i)(ii) and
(iii) of the CCS (Conduct) Rules, 1964.
ARTICLE-IIl That Smti B. Laxmi Kantha & Smti Prabhati Biswas both members of © Zila Parishad, North & Middle Andaman have submitted a complaint to the ~ Hon'ble Lt. Governor dated 28.01.2020 that Dr. R.K. Halder, CMO had insulted and behaved in disrespectful manner talking objectionable words affecting modesty of women in the Governing body meeting of Rogi Kalyan 'Samiti, CHC, Rangat on 24.01.2020.
By the above act, the said Dr. R.K. Halder, CMO NFSG (Ad-hoc) exhibited lack of absolute integrity, devotion to duty and actedinamanner . _ un-becoming of a govt. servant thereby contravening to Rule-3 (1) (i)(ii) and
(iii) of the CCS (Conduct) Rules, 1964." . a | | 4 0.4. 1294/AN/2021 The allegations on the legal lacunae in the conduct of proceedings are as under:
"(i) The charges levelled against. the applicant does not constitute a 'misconduct. ©
(ii) The witnesses, who complained against the delinquent (applicant -
herein) "3 Shri. D. Thangaswamy, Mandal President, Rangat Mandal, BJP.
4. Smti, B. Laxmi Kantha, Zilla Parishad Member, Parnasala.and Smti. Prabhabati Biswas, Zilla Parishad Member, Rangat.
5. Shri. Anil Bepari, Up-Adhyaksh, Zill Parishad Member, Urmilapur." .
' have not been called to depose at the enquiry and therefore the delinquent
-has been denied cross examination of the alleged complainants. Such -
deprisation amounts to blatant violation of the previous of virtual justice, equity, fairplay and is itself enough to vitiate the proceedings.
By an order dated 19.08.2021 this Tribunal had directed as under:
«Heard Id. counsel for both sides.
2, Ld. counsel for the applicant alleges that
-j) the enquiry proceedings has not been conducted in a fair manner in so far as the presenting officer was lower in rank to the applicant,
i) the witnesses mentioned in the charge sheet except Mr R. Thulasidasan were not called for examination and the applicant was not permitted to cross examine them, ;
iif) the documents that were asked for by the applicant. during the course of the enquiry were not supplied and no reasons were given for rejecting his request. .
3. Ld. counsel for the respondents would contradict the statement made by the applicant and submit that the witnesses were available for examination and cross examined. - oo.
4, Ld. counsel for the respondents to produce the daily orders that shows the
- witnesses were examined and cross examination was done.
5. Let no final order be passed in the proceedings till the next date.
-6..List this matter on 31.08.2021.
Liberty to communicate the gist of the order. Plain copy of this order may be :
handed over to both sides."
a ay Fh Tigo, st" CS re iad tor Pty ESTE os [aval A ak OE Hee Eee Pate 5 0.A, 1294/AN/2021 Pursuant thereto, the respondents have furnished the following:
a) An index referring to 289 pages but without any copy or reference to the contents thereof.
b) Deposition of Shri Denis Giles (PW-1 ) during enquiry.
c} Deposition of Shri Chaitanya Biswas (DW-5) during enquiry. . /
d) Deposition of Smt. Kavitha Bai (DW-4}
e) 'Deposition of Animesh Halder (DW-3)
f) Deposition of Dr. Manika Saojal (DW-2) .
g} Deposition of Dr. Poonam Govind (DW-1) |
h). Statement of Dr. R. Thulasidasan (PW-2) Other than these, none of the documents mentioned in. the inbox have been provided so far. No formal reply has also been filed.
5. None of the alleged complainants, namely Smit. B. Laxmi Kantha and Smt. Prabhati Biswas, on whose complaints Article Ill of the chargememo was framed, were made available to corroborate their statements during enquiry, or to allow cross examination by the charged officer to prove his innocence.
6. The Shri Anil Bepari, through whom the applicant is alleged of having
-exerted political influence for his transfer, is neither cited as a witness, nor made available for any cross examination.
7. Shri D, Thangaswamy, the PW-3 had posted a letter dated 11.02.2020 (P-3) by which he alleges as follows:
"The Hon'ble Lt. Governor Andaman & Nicobar Islands Port Blair syindiad ig ob ete umeb et oles gsc me Se er z bars Shee tea Sr an ac indtaund: drut tM wade Ot th Fee pita Be rT a a sonb cot bil abate Mombeat hse etebeele Pll My donee sae eae Og Ob SH aah Ga en awe tow EEE Saadeh ak tabi enn" So es ed RR aw eon uy SS
-. 6 --- O.A. 1294/AN/2021 Sub: Bharatiya Janata Party, Rangat Mandal is organising one day protest and Dharna against Dr. Ramkanta Halder, CMO, CHC Rangat. for Insulting and Disrespectfully taking to 02 Women Zilla Parishad Members and Refusing Treatment to Patients having outer Island Identity Card such as from Long Island, Kadamtala, Billiground and other places outside Rangat CHC Rangat area, demanding disciplinary action and his withdrawal from CHC Rangat-regarding. / Respected Sir, The Bharatiya Janata Party, Rangat Mandal is to protest and organize Dharna against Dr. Ramkanta Halder, CMO, CHC Rangat for insulting and Disrespectfully talking and using Objectionable Verbalisation to Women Zilla Parishad Members, in the Governing Body meeting of. Rogi Kalyan Samiti of CHC Rangat and Refusing Treatment to Patients having outer Island Identity Card such as from Long Island, Kadamtala, Billground and other places outside Rangat CHC Rangat area, demanding disciplinary .
action and his withdrawal.
That sir, this incident happened on 24 Jan 2020 in the Governing Body meeting of RKS,.CHC Rangat where he has openly insulted two Zilla Parishad Members of North and Middle Andaman District representing Rangat Zilla Parishad constituency and Parnasala Zilla Parishad constituency, he has used insulting words in disrespectful manner using objectionable words affecting the modesty of women. | That sir, this incident happened on 24.01.2020 between 3.30 PM to 4.30 PM, in the Governing Body meeting of the RKS CHC Rangat in their capacity as the Members of the Governing Body to discuss issues affecting .
the public services, stopping of free Diet to patients etc from CHC Rangat.
That sir, it is well known to everyone that Dr. Ramkanta Halder, CMO from the CHC, as is frequently misusing Ambulance and govt vehicle and proceeds to Port Blair and other places and he is rarely available at CHC Rangat in the last 03 years for public service affecting patient care services and hospital works, which was taken up by the BJP Zilla Parishad members.
Further the CMO is denying Primary Health Care of common ailments to outer Island Patient coming from from Long Island, Kadamtala, _ Billiground and other places outside Rangat CHC Rangat area. He has displayed conspicuously displayed in the Walls and in-front of OPD entrance gate and in front of his chamber "NO PATIENTS FROM OUTER ISLANDS WILL BE SEEN AT CHC RANGAT (EXCEPT EMERGENCY CASES)". And also in Bengali language he has pasted on the Walls and in-front af OPD entrance gate and in' front of his chamber that "NO PATIENTS FROM KADAMTALA, BILLIGROUND AND LONG-ISLAND WILL BE SEEN AT CHC RANGAT WITHOUT THE REFERAL CERTIFICATE FROM CONCERN MEDICAL OFFICERS AND ALSO NO SKIN DISEASE PATIENTS WILL BE SEEN AS NO SKIN SPECIALIST IS POSTED AT CHC RANGAT. FOR SKIN SPECIALIST THE PATIENT CAN APPROACH G.B. f 7 0.A. 1294/AN/2021 PANT HOSPITAL PORT BLAIR AND SKIN DISEASE PATIENTS ARE NOT TREATED AT CHC RANGAT".
Earlier the Deputy Commissioner had asked him to withdraw his Circular which has created confusion and disbelief in the Health Services of CHC Rangat. Though Dr. Ramkant Halder is a skin specialist by his qualification but posted as a general duty medical officer cannot deny primary health case treatment to any patients be it of any place. Dr. - Ramkant Halder was a sponsored from A&N Administration to Study MBBS
- and also PG in Skin Disease and hence he cannot refuse specialist treatment also and should be duty bound.
' That sir, Health for All by 2020 is the slogan of World Health Organization but this CMC is with a difference who denies Treatment and with authority he refuses treatment for common ailments to people possessing outer Island ID card such as from long Island, Kadamtala, Billiground and other places outside Rangat CHC Rangat area. It is natural that people migrate and travel and when they get sick even the minor | health problems including emergency care cannot be refused by Dr. . Ramkanta Halder. | We had earlier conducted Dharna at Rangat Bazar against his misdeeds, but it seems he hds the protection of. some higher authority, thus no disciplinary action taken so far still is openly violating all decorum of a doctor and CMO and health services of CHC Rangat is in a very bad condition.
Therefore the Bharatiya Janata Party, .Rangat Mandal is protesting against Dr. Ramkanta Halder, CMO, CHC Rangat and request an inquiry, . disciplinary action and withdraw him from CHC Rangat in the best interest
- of all patients. With these demand we will organising one day protest at Rangat shortly.
Thanking you Yours Sincerely Date: 11.02.2020 --_ Sd/-
Rangat D. Thangaswamy Mandal President Rangat Mandal Bharatiya Janata Party Rangat, Middle Andaman 9476065741"
' -Allegations that he has openly insulted two Zilla Parishad Members of North and Middle Andaman District representing Rangat Zilla Parishad
8 ; O.A. 1294/AN/2021 constituency and Parnasala Zilla Parishad constituency, he has used' insulting words in disrespectful manner using objectionable words affecting the modesty of women are of serious nature, Neither the complainant nor the victim ladies were made available for cross examination.
Thereby crippling the delinquent to defend himself in course of enquiry.
«8. The applicant, in his reply to the charge memo has categorically denied the allegations with the use of following words:
"The Article of Charge-1:
It is alleged that a comment was posted by the undersigned as Chief Medical Officer, CHC, Rangat in a WhaatsApp group (name of the group and the administrator of the group not mentioned therein) during pandemic of Covid-19 and the press / media persons stated criticizing the authorities based on the comment. This was reportedly quoted and published in a local - English newspaper "xndaman Chronicle" on 19.04.20 edited Mr. Denis Giles criticizing the administration. It is pertinent to mention here that Mr. Denis Gyles is a Penal Settler and, husband of Smt. Mita Biswas, a nurse, later appointed as a tutor in the local Nursing School by Dr. (Smt.) Namita Mohd _ Alvon behest of Dr. R. Thulasidasan.
The. allegation labelled. against the undersigned is false, fabricated, motivated and appeared to be it preplanned conspiracy.
Two facts mentioned in support of the statement of imputation of the above mentioned misconduct or misbehaviour is as follows:-
i, . The allegation that habit of posting of communal and inflammatory
- . article/messages in social media especially WhaatsApp groups by the undersigned is out-dated, false, fabricated, irrelevant, misinterpreted, whimsical and motivated with ulterior motive.
Occurrence of a particular behaviour repeatedly constitutes a Habit. - Hence, posting of a message 'once in the relevant groups (mostly members) in the interest of his community is not a habit. Posting of -- communal and inflammatory article/messages in social media is a cyber-crime and is dealt under relevant IPCs. Dr. R. Thulasidasan dnd one Mr. Mohammad Ali had lodged police case against the undersigned (as the Genera! Secretary, Rabindra Seva Bharati / President of BAANI) in March, 2018 on behest of Mr. B.P. Ray, ex-MP in this regard. But it was not proved to be on offence. The said . message was posted on behalf of Rabindra Seva Bharati / BAANI (NGOs registered under Societies Act) for demolition of Durga Mandir ; at VIP Road, Port Blair on 14.03.2018 (more than two years). It was a, . the decisions of the said cultural, literary and spiritual organizations
9 0.A. 1294/AN/2021 and was nothing to do with my service maters or department. It does not corroborative with Article of 'Charge-! at all. Moreover, the
- content of the said message was neither communal nor inflammatory. On the contrary, it was an appeal to the general public to maintain. peace and harmony as the act was mischievous and instigator.
Organizing Durga Puja and other festivities at VIP Durga Mandop by Rabindra Seva Bharati is one of the main reasons for harassing and implicating me in false litigations / disciplinary proceedings x 7 x x it is a constitutional Right of an Indian.to practice, preach and protect his culture.
x . x x ii. In regard to display of an unofficial notice at CHC, Rangat in February/March, 2020, it could be for reducing number of patients from outer islands to prevent spread of Covid-19. However, it was not displayed by the undersigned.
Xo, x x No patient has ever been refused treatment at CHC, Rangat during my tenure or by the undersigned during my entire carrier unlike Dr.
-Omkar Singh. He refused to treat me at GB Pant Hospital, Port Blair last year when | was very sick (due to cardiac ailments) and was not in a position to react. | was referred and taken to him in the OPD buildings by a lady doctor on duty. While | had treated his spouse and children even at my home. It is pertinent to mention here that he had ' . been partial to his patients in the OPD as there was a separate queue for the patients of his own community and another queue for the patients of other communities. Many of our colleagues were aware of 'his communal fanaticism practiced in our noble profession. Hence, we _cannot expect Dr. Omkar Sing, DHS to be transparent and fair.
Therefore, the Article of Charge-l framed against me is false, fabricated, motivated based on the action of others (third party) and appears to be a conspiracy with ulterior motive. Hence, the charge is denied completely.
Article of Charge --
It is alleged that the undersigned used political influence for his transfer, The allegation is based on the letter written by Shri Anil Bepari. Up- Adhyaksh, Zilla Parisad, N & M Andaman in public interest about a year ago. A suitable reply was furnished in response to the Memorandum issued - in this regard a long ago.
/The Up-Adhyaksh, Zilla Parisad, N & M Andaman is an elected post and free to write any letter in public interest to any authority irrespective of any influence. Hence, any action by Shri Anil Bepari, Up-Adhyaksh, Zilla Parisad, N&M Andaman is not under my control and i am not responsible for his act of any kind. | had never asked him to recommend or take up my transfer | case with any authority.
10 0.4, 1294/AN/2021 Therefore, the Article of Charge-ll is false, fabricated, motivated, out- dated, irrelevant and with ulterior motive. Hence, denied. --
Article of Charge -- Ill.
The Article of Charge-lll framed against me is de-novo and never heard before. No-"Show Cause Notice" or amemorandum had ever been served to me in this regard before taking cognizance of offence. Hence, the charge is one-sided and whimsical with malafiedintensions. © | / 'The Governing Body meeting held on 28.01.2020 was chaired by Dr. Om Dhole, the Assistant Commissioner, Rangat. The CMO, CHC, Rangat was present as the Vice-chairman, of the Governing Body, while Dr. B. Bindu. . Kumar, MO (Homeo -- on contract), was the Member-secretary. Smit. Prbhabati Biswas and Smt. B. Laxmi Kantha, Zilla Parisad Members were also present in the meeting as members of the Governing Body..Most of the members (e.g. CDPO, AE, APWD, Principal i/c GSS School, Rangat, etc) and the invited _members (e.g. Dr. Punam Govind, Dr. Shahna Salam, Dr.
- Shivakrishna, Smt. KavitaBai, PHN,.etc) were present in the -meeting. The meeting was held in a very congenial atmosphere and was about to be over _ when Smt.-Prabhabati Biswas complained to the chairman that Dr. R.K. Halder, CMO took the ambulance to Port Blair and retained the same in Port Blair; as a result, patients did not get ambulance during emergency. The undersigned (Dr. RK Halder) asked her to name the patients who failed ~ to get ambulance. She replied angrily, "I don't know". She was informed _ then and there that there were seven (7) vehicles at CHC, -Rangat and five - (5) of them were on road. She was also informed that the CMO had a staff, car for his official use and a private car for his personal use. The ambulances were used' to evacuate serious patients (e.g., pregnant patients with complications). When a serious patient evacuated to GB Pant Hospital, Port
- 'Blair, she. / he was escorted bya doctor, nursing officer and / or an _ayah/ward attendant. The ambulance returned the following day with the . doctor and nursing staff. However, sometimes it was delayed for repair works (as the ATR was very rough) or official purposes. She started shouting and criticizing the doctors and medical staff. | was advised by the chairman _ not to discuss irrelevant matter and the meeting was adjourned. I left the venue (Conference hall) along with the chairman whom | accompanied to the OPD. Smt. B. Laxmi Kantha hardly talked to me but was found arguing
- with other'doctors and staff. A day. after or the next day Smt. B. Laxmi _ Kantha came to my room at CHC, Rangat and expressed her regrets for the false allegations and rude behaviour of Smt. Prabhabati Biswas. | replied -- her, "I did not mind as such incident occurs often in our profession". She had . a'cup of tea and left; | started attending the patients standing in the queue.
As experienced in last 37 years of my clinical practice it has been observed that complaints against public servant, particularly against the doctors who Ee face hundreds of people of various nature and character every day, are very common in these islands. Most of the complaints are false with malafied intension, ie., not obliging their unjustified demands, e.g., evacuation of 'referred patients by helicopter, issuing false Birth and Death certificates, __ giving medicines on their dictate, etc, Sometimes the complaints are made by public on instigations by the estranged staff or doctor of the same aie 11 O0.A, 1294/AN/2021 . establishment Some PRis make false complaints to harass the local doctors to demonstrate their might / ability to the villagers / voters; more so before elections. The instant complaint may be due to the same reasons.
The public complaints may be against many officers and doctors. Sometimes complaints about serious offences had been made. But no cognizance of offence was taken against some doctors including Dr. Omkar Singh. But in my case inclusion of such false charge without verifying the actual facts prove that it may be with ulterior motives. :
Therefore, the Article. of Charge-lill is completely false, fabricated and motivated with ulterior motive. Hence, denied."
The applicant was not afforded any opportunity to cross examine the
- defence witnesses to prove his stand as made out in his written statement of defence/ reply to charge memo.
9. The deposition of Dr. R. Thulasidasan, as provided by the respondents, is as under:
" STATEMENT OF DR R. THULAS! DASAN l, Dr. R. Thulasidasan, as President Malayalee Settlers Association, Atlanta :Point, Port Blair given a complaint letter dated 20.03.2018 addressed to the Chief Secretary against Dr. R.K. Halder. | stand by the complaint consisting of three pages which is available in the Charge Memorandum, Annexure -- Ill, Serial No. 02. IN addition to this | have submitted a complaint to the Station House Officer, Police Station, Aberdeen. Port Blair on 20.03.2018 having almost similar content. Copy of the complaint to SHO, Aberdeen Police Station is also submitted to-day.
It is pertinent to mention here that as per original complaint that Dr. R.K. Halder never stayed of CHC, Rangat continuously and found almost in Port Blair and other places can be verified from the Police Out Post, Jirkatang and Police Out Post, Middle straight where they keep the record of vehicles and persons travelling in the vehicles. As per records, he never , obtained station leaving permission from DHS being Head of Office.
About the three messages posted in social media in the first week of March 2018 and 14.03.2018 can be obtained from SHO, Police Station, _ .Aberdeen or other Police Authorities of A&N Administration who have seized the mobile phone of Dr. R.K. Halder and examined it by Cyber Crime Experts.
It is a fact that Dr., R.K. Halder was occupying two Govt. quarters, Quarter No. Type-V/L-9, Link Road, Port Blair and Quarter No. Type-IV/04 at Rampur, Rangat in the CHC complex at the same time.
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Peat ae ee er are eee: _----
Pier echelon ae SISA SD Sy Se Sei ed le Snort Saesiers
12. O.A. 1294/AN/2021 " - Examination in chief concluded."
His response to the cross examination is very surprising a few extracts
- thereof would be as under:
"Cross examination of PW-2 (Dr. R. Thulasidasan, President, Malayalee Sefflers Association) by Charged Officer Q.1. Whether this is a registered Organization or not?
Ans. Notrelevant. -
Q.2. Who are the other functionaries of the Organization other than the. . President? --
Ans. Not relevant.
Q.3. The complaint made against Dr. R.K. Halder was approved by the Organization or not?
ower rte Ans. Not relevant.
Q.4. Is the Organization having any bank account, if yes, details thereof, including the name of bank and account number.
Ans. Not relevant.
x , xX 4 . Q.6. Dr. R. Thulasidasan has lodged FIR in 2018 related to demolition of Oo - _ same religious place on the basis of some SMS/WhatsApp messages. Does this subject matter relevant to the service of Dr. R.K. Halder. Dr. R.K. Halder has been the President of Rabinder Seva Bharati, a registered organization,
- maintaining such religious places.
Ans. This is factually incorrect. My complaint to Police pertains mainly to the service matter and not related to the any religious place. If any of them is beyond the service matter, then it is spreading of hatred among the
- different communities of the Islands Q.7. What is the basic offence in FIR, if it is not related to religious place? Ans. The content of the complaint is self-explanatory. | Xx : x x Q.9. The said FIR was lodged under Section 153 A of the IPC related to cybercrime. If it was so serious, then why no action has been taken so far by the Police. -
Ans. Pertains to Police.
x . x x Fg | eae pera:
She ts neh cede
13 0.A. 1294/AN/2021 Q.11. Can the complainant show the SMS/WhatsApp messages, being published in the News Paper?
Ans. | am not aware of any such SMS/WhatsApp messages published in the News Paper. The SMS/WhatsApp messages is maintained in the body of . the complaint. Being an old matter, | do not remember the same.
Q.12. Was this SMS/WhatsApp message or any corrigendum thereof was. circulated by the complainant in different groups?
Ans. It is the matter of record. | do not remember as of now.
Q.13. Has Dr. R. Thulasidasan seen, in person, the published notice -- mentioned in the complaint/charges in the said inquiry?
Ans. Whether seen personally or not, | do not remember. It is a fact on record. --
Q.14. Dr. R. Thulsidasan is to state that how did he come to know about any public notice put up at Rangat Office when he is stationed at Port Blair.
Ans. Being a Doctor and Ex-DHS, | received number of phone calls from patients who were not seen by Dr. R.K. Haldar of Rangat.
Q.15. Dr. R. Thulasidasan may state any two such patients with their phone number-who were refused by Dr. R.K, Halder at Rangat.
Ans. At present, | do not remember, but given some time, i may provide the details.
Q.16. In terms of days, months and years, Dr. R. Thulasidasan may state when the notice was put up.
Ans. It was put up during the tenure of Dr. R.K. Halder posted at CHC, Rangat.
Q.17. Dr R. Thulasidasan may please specify the period? Ans. Itisa matter of record.
Q.18. In his statement, Dr. R. Thulasidasan has lodged that Dr. R.K. Halder was frequently seen in Port Blair and used to come without taking the requisite permission to leave the station. Has he verified from the relevant records of the Check Post et. If so then can he produce the relevant records?
Ans. This is a fact and matter of record. | do not have these records readily available, but there records can be obtained by anyone concerned, Q.19. Dr. R. Thulasidasan may like to state the rule position which debars . the Dr. R.K. Halder to leave the station to evacuate the patient with due intimation to the DHS.
Ans. Medical Officer in-charge who are Head of Office cannot leave the station even if he is evacuating patient without the permission of _ DHS/Higher Authority. The Medical Officer in-charge can direct the other available 4-5 Medical Officers to evacuate the emergency patient referred to Port Blair from outlying areas, instead of leaving himself the station.
( 1 i f re | '
11. 44 O.A, 1294/AN/2021 . Q.20. May please specify any such Rules.
Ans. itis a matter of record and the part of the extant rules/instructions.
Q.21. It has been alleged that | retained the quarters at both places i.e. at
- Port Blair & Rangat. Please specify the period during which both the quarters are retained by Dr. R.K. Halder.
Ans. It.is a matter of record."
The applicant in this O.A. has sought for the following interim relief:
"9.a) Restraining the respondents from passing any final order in terms of the impugned charge-sheet dated 6" July, 2020 and in terms of the impugned Enquiry Report submitted by the Enquiry Officer dated 24,05.2021 in any manner whatsoever till the disposal of this original application;
b) To stay of operation af the charge-sheet & Enquiry Report and the respondents be directed not to pass any final order till the disposal of this original application as because. they did not provide the additional documents which your applicant has asked for and not only that in. the entire proceeding not a single witness nas appeared and the Enquiry Officer in violation of the Rules prescribed under CCS (CCA) Rules, 1965 in one-sided enquiry concluded the enquiry proceeding - witich cannot be acceptable under any circumstances,"
In view of the discrepanc igs and deficiencies in the observance of principles of natural justice & fair play as noted above, the proceedings are stayed.
12. The respondents to justify their action by way of a reply to be filed by 4 weeks. Rejoinder, if any, be filed by two weeks thereafter.
(Dr. N: Chatterjee} List the matter on 03.02.2022. -
(Bidisha Banerjee) Administrative Member | Judicial Member drh PL See ne ne ee