Punjab-Haryana High Court
Hardeep Singh Sundria vs State Of Haryana And Others on 2 November, 2012
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CWP No. 8756 of 2010 -1-
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
CWP No. 8756 of 2010
Date of Decision: November 02, 2011
Hardeep Singh Sundria, Advocate and others
...Petitioner
Versus
State of Haryana and others
..Respondents
CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present: Mr. Rajesh Khandelwal, Advocate for the petitioner.
Mr. Kulvir Narwal, Addl. A.G., Haryana for respondent Nos. 1 to 4.
1. To be referred to the Reporters or not? Yes
2. Whether the judgment should be reported in the Digest? M.M. KUMAR, Acg. CJ.
1. The instant petition filed in public interest has brought to the notice of this Court the fraudulent and erring medical practitioners in Government as well as private sector who have been indulging in illegal activity of preparing false and fictitious medico-legally reports (MLRs)/ medical certificates/ medical opinions on extraneous consideration. Such reports are made the basis for roping in innocent citizen in offences which directly interfere in the administration of criminal justice resulting in false trial of a number of such innocent persons. The CWP No. 8756 of 2010 -2- petitioners have prayed for issuance of direction to respondents to handover the matter for proper and thorough investigation to the Central Bureau of Investigation (for brevity 'CBI'). The petitioners have specified some cases from Hisar like FIR No. 151, dated 06.04.2010, under Sections 420, 468, 471, 464, 465, 195, 197, 440, 327 and 34 IPC, P.S. Civil Lines, Hisar; FIR No. 365, dated 16.04.2010, under Sections 195, 196, 197, 420, 468 and 120-B IPC, P.S. City, Hisar and FIR No. 132, dated 23.03.2010, under Sections 420, 195, 511 and 34 IPC, P.S. Civil Lines, Hisar (referred in P-1). In the aforesaid FIRs, the Medical Officers or private practitioners are accused of one offence or the other. The petitioners have also prayed that against the Government Medical Officers disciplinary action be initiated and against the private medical practitioners action for cancellation of their licences as registered medical practitioners be ordered as per provisions of Section 23 of the Indian Medical Council Act, 1956 (for brevity 'the Act').
2. Brief facts may first be noticed as per averments made in the writ petition. There are specific allegations made against the Medical Officer, Dr. Bhup Singh Khatri, Civil Hospital, Hisar. The other names given in para 2 are of the private doctors, namely, Dr. Jalvir Jangra, Dr. C.R. Garg, Dr. Anant Ram and their assistants, namely, Kuldeep of Anant Ram Medical Centre, Churamani Complex, Delhi Road, Hisar, Balwinder son of Dalbir Singh, Metro Hospital, near Dabra Chowk Bridge, Hisar, Sapra Hospital, Rajgarh Road, Hisar, Lifeline Hospital, Hisar and various other private hospitals. A specific reference has been made to various names given in the aforesaid FIRs. According to CWP No. 8756 of 2010 -3- the petitioners, all these mal-practices have been prevailing under the nose of the Administration for the last about 10 years and no efforts have been made to prevent the abuse of process of law. A number of criminal cases, relating to hurt, grievous hurt, attempt to murder and murder are more or less based on medical evidence like MLRs/ Medical Opinions/ Medical Certificates etc. It does not require any imagination that if medical reports are not authenticated then it would cause serious prejudice to either party to the criminal litigations. On account of their means and richness the mighty and powerful persons have been influencing the Government and private Doctors for obtaining medical reports of their choice. The procurement of injuries as per the fictitious medical certificate set the stage for prosecution of innocent as such certificate certified it to be a case of grievous hurt or attempt to murder or murder by manipulating other evidence. It has been happening more than often as is evident from the instant proceedings. Various complaints filed against such mighty and influential persons to the Police are not attended with the seriousness. To fortify his stand, learned counsel has placed reliance on various reports appearing in press also.
3. In response to the notice of motion having been issued, respondents No. 1 to 3 have filed their reply through the Superintendent of Police, Hisar. In the preliminary submissions, reference has been made to a complaint made to the Police by the petitioner against Metro Hospital, Hisar with the allegations that a false FIR No. 165 dated 25.12.2009 under Sections 148/149/323/ 325 IPC, which was registered against him and his CWP No. 8756 of 2010 -4- family. Later on Section 307 IPC was added. The case was registered in collusion with Sapra Hospital, Hisar on the allegation of false medical report. Thereafter, the petitioners traced out some touts and contacted Balwinder Singh employee of City Scan, Metro Hospital and Kuldeep an employee of AMC Hospital. They told them that they would arrange an MLR supporting allegations under Section 307 IPC from Metro Hospital, AMC Hospital or Doctor of other private Hospitals in consideration of ` 1,50,000/-. The Police helped them in laying the trap which succeeded. The amount of ` 50,000/- paid by the petitioners during the trap was recovered which tallied with the currency notes registered by the Police. Accordingly, an FIR No. 132 dated 23.03.2010, under Sections 420/ 195/ 511/ 34 IPC was registered at Police Station Civil Lines, Hisar against Dr. Sanjay Verma, Balwinder & Kuldeep. During interrogation, accused Balwinder Singh made a disclosure statement to the effect that he accepted ` 50,000/- only after Dr. Sanjay Verma promised him for tendering desired medical opinion after charging ` 1,50,000/- so as to add Section 307 IPC.
4. The aforesaid matter was reported in the Media, thereafter a number of complaints were filed by the affected persons against the Government and Private Doctors of district Hisar, which necessitated constitution of a Special Investigation Team (for brevity 'SIT') vide order dated 07.05.2010. The Special Investigation Team scrutinized all the complaints relating to false and fabricated MLRs (R-1). The Special Investigation Team was reconstituted on 31.07.2007 (R-2). A Special Medical Board has also been constituted by the Medical CWP No. 8756 of 2010 -5- Superintendent of PGIMS, Rohtak vide order dated 25.05.2010 on the request made by the Superintendent of Police, Hisar (R-3) so that any foul play committed by the Doctors of private hospitals of Hisar in connivance with Government Medical Officers, may be exposed. Accordingly, during the course of investigation of case FIR No. 132 dated 23.03.2010, under Sections 420/195/ 511/34/120-B IPC, P.S. Civil Lines, Hisar, six more cases were also registered till 30.08.2010 against the Government and private Doctors in different Police Stations which are under investigation (R-4). However, the allegations made by the petitioners that such mal-practices have been prevailing amongst medical practitioner for last 10 years have been denied. It has been asserted that there was no complaint received till 23.03.2010, which resulted in registration of FIR No. 132 (supra). On merit, it has also been submitted that 100 suspected MLRs/ opinions/ C.T. Scan reports have been taken into possession by local Police from different private as well as Government Hospitals, which have been sent to Special Medical Board, PGIMS, Rohtak to find out suspected foul play committed by the private hospitals of Hisar in connivance with HCMS Medical Officer of State Cadre. It has further been pointed out that the anticipatory bail application of Dr. Bhoop Singh Khatri stand rejected on 31.05.2010 by the learned Additional Sessions Judge, Hisar, although the aforesaid Doctor has been on interim bail in pursuance of the order passed by this Court whereas the anticipatory bail application filed by Dr. Sanjay Verma has even been rejected by this Court and both the Doctors have gone underground to evade their arrest.
CWP No. 8756 of 2010 -6-
5. A separate reply has been filed by respondent No.5, namely, O.P. Mittal, Registrar, Haryana Medical Council-cum- Additional Director General Health Services, Haryana, Chandigarh. After quoting Section 21 of the Act, respondent No.5 has submitted that if any Medical Practitioner violates any regulation or provision of the said Act, which amounts to misconduct on his part then respondent No. 5 could take action under the aforesaid provisions. Reference has also been made to Chapter 7 and 8 of the Regulations known as Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (for brevity 'the Regulations'). On 14.02.2011, this Court directed the State to file reply on the broader issue to which pointed attention was invited vide this Court's order dated 06.09.2010 because it affects vitally the administration of justice. It was also directed that detail figures of false medical reports be furnished in addition to the steps taken by the Government to combat the menace of false and fictitious Medico-legal Reports/ Medical Certificates. The Court also noticed the threats and intimidations meted out to the petitioner No.1, Hardeep Singh Sundria. Even an FIR dated 20.11.2010 had been filed in the Police Station Civil Lines, Hisar. The Superintendent of Police, Hisar was required to submit a report of the action taken pursuant to the filing of the aforesaid FIR along with investigation undertaken. To ensure the personal safety of petitioner No.1, Superintendent of Police, Hisar was directed to take necessary steps. The status report filed by way of affidavit of Mr. Anant Kumar Dhul, IPS, Inspector General, Hisar Range, disclosed details of cases registered against the CWP No. 8756 of 2010 -7- private as well as Government Doctors who are found involved in false and fabricated MLRs/ opinions as well as the steps taken to provide the security to petitioner No.1 as directed by this Court in order dated 14.02.2011. However, for filing of detailed reply, time was granted.
6. Respondent Nos. 1 to 4 again filed their reply through the Director General Health Services, Sector-6, Panchkula, which disclosed the registration of criminal cases on the allegation of issuing false MLRs. In order dated 03.06.2011, this Court took notice of the fact that as many as 46 criminal cases were registered on such allegations and departmental proceedings were initiated against eight Doctors, which were to be concluded within a period of three months. The names of other two Doctors, namely, Dr. Vishal Goyal, and Dr. Dara Singh were also highlighted by the petitioners who needed to be dealt with by initiation of disciplinary action. An assurance was given by the learned State counsel that Director of Prosecution was to monitor the progress of the prosecution and concerned Public Prosecutors was to ensure expeditious examination of the prosecution witnesses. Accordingly, a direction was issued to concerned Presiding Officers of Courts in the State of Haryana where such proceedings have been pending to expedite the trials subject to prosecution evidence being concluded. The Director, Prosecution was asked to file status report on the progress of such cases after four months.
7. The Superintendent of Police, Hisar, again filed an affidavit showing that between 23.03.2010 to 28.06.2011, total 15 cases were registered against the Government/ private CWP No. 8756 of 2010 -8- Doctors and other persons who connived with Doctors regarding false MLRs/ Opinions. The reports under Section 173 Cr.P.C. have also been filed in the Court of Ilaqua Magistrates in 10 cases and four cases were still under investigation. The report in respect of those cases is to be filed before the Illaqua Magistrate. The list showing the latest status of the aforesaid cases have been placed on record as R-1.
8. In para 3 of the action taken report filed by way of affidavit, it has further been stated that 38 more complaints alleging issuance of fabricated MLRs/ bed head tickets/ treatment record have been sent to the Special Medical Board, PGIMS Rohtak and action was to be taken promptly (R-2). The opinion of Special Medical Board, PGIMS Rohtak in respect of 37 other similar complaints was received and enquiry in these complaints was being carried out by the concerned Police Station with the help of SIT and the departmental action has been initiated (R-4 and R-5). In further action taken report, submitted by respondent Nos. 1 to 4, the list of 8 Doctors out of the 46 Doctors and other two Doctors have been given, which read as under:
Sr. Name/ Present Place Latest Brief report No designation of of Posting Positio . the Officer n CWP No. 8756 of 2010 -9-
1. Dr. Bhoop Singh Suspended Under On dated 7.9.2010, the Khatri, MO Head quarter rule-7 State Govt. decided to DGHS, charge sheet the officer Panchkula under rule-7. On 15.11.2010 the Principal Medical Officer, General Hospital, Hisar was directed for sending the draft under rule-7, against the officer.
Reminders were issued to PMO General Hospital on 28.6.2011, 15.7.2011, 1.8.2011, 18.8.2011. On 6.9.2011 a D.O. letter was also issued on behalf of Director General Health Services but draft under rule-7 against the office has not received so far.
2. Dr. Jaiveer Suspended Under On 23.8.2011, the Civil Sharma MO Head quarter rule-7 Surgeon Rohtak has sent (Suspended) DGHS, the draft under rule-7 to Community Panchkula this office which was sent Health Centre, to the State Govt. for Meham (Rohtak) necessary action after getting it vetted from the ADA of the Department.
3. Dr. Mahesh Community Under The enquiry against the Kumar Rana MO Health Centre rule-7 officer under rule-7 was Assandh conducted by the Enquiry (Karnal) Officer-Sh. M.K. Middha, IAS (Retd.). The enquiry report has been sent to the Govt. on dated 21.8.2011. Subsequently the Govt. has decided to drop the said charges vide order No. 17/68/20024 HB-I dated 6/8.9.2011 CWP No. 8756 of 2010 -10-
4. Dr. Joginder TB Hospital --------- The Civil Surgeon Hisar Kapoor, MO Hisar vide their letter No. 710
5. Dr. A.K. Rana, CHC Sorkhi --------
dt. 22.7.2011, has
MO (Now SMO)
informed that there is no
information in their office
regarding Police/ Judicial
action taken against Dr.
Joginder Kapoor, Medical
Officer and Dr. A.K. Rana,
Medical Officer.
6. Dr. Dinesh General --------- The MO had submitted
Kumar Prajapat, Hospital, his resignation which was
MO Hisar accepted by the State
Govt. w.e.f. 18.12.2010
vide Endst. No.
21/96/2011-6HB-I dated
6.7.2011.
7. Dr. Y.P. Verma, PGIMS, ------- The Principal Medical
Rohtak Officer, Hisar vide their
8. Dr. Tejpal General -------
letter No. Steno-11/1412
Sharma, MO Hospital,
dated 29.9.2011 has
Hisar
informed that there is no
information in their office
regarding Police/ Judicial
action against Medical
Officers
Action taken against two doctors namely Dr. Vishal Goyal and Dr. Dara Singh mentioned in the orders is explained as under:-
Sr. Name/ Present Place Latest Brief report No designation of of Posting Positio . the Officer n CWP No. 8756 of 2010 -11-
1. Dr. Dara Singh, Suspended Under On dated 3.8.2011, the MO Head quarter rule-7 Principal Medical Officer, Ambala Bhiwani has sent a draft under rule-7 against Dr. Dara Singh, MO (suspended) to this office, which was got vetted from departmental ADA and was sent to Govt. on 4.8.2011. But the Govt.
returned the draft on
23.8.2011 as per the
objections raised by
Legal Remembrancer,
Haryana. On 6.9.2011
the draft was returned to
PMO, Bhiwani with the
request to remove the
objections and send it
immediately. The same
has been removed and
the charge sheet has
been sent to Govt. for
vetting by LR on
3.10.2011.
2. Dr. Vishal Goyal Suspended Under On 11.3.2011, the Civil
MO (Suspended) Head quarter rule-7 Surgeon Hisar was
General General requested to sent the
Hospital, Hisar Hospital draft under rule-7 for
Kaithal taking necessary action.
Reminders were issued
on 6.5.2011 and
5.9.2011. The Draft is
awaited from Civil
Surgeon Hisar.
9. The names of Senior Medical Officers are also mentioned against whom action has been taken, namely Dr. R.P. Sharma, SMO, General Hospital, Bhiwani and Dr. Advin, SMO, CWP No. 8756 of 2010 -12- K.L. Jalan Hospital, Bhiwani. Both of them have been charge-
sheeted under Rule-7 of Haryana Civil Service (Punishment and Appeal) Rules, 1987 (for brevity 'the Rules'). There is another list of eight Doctors, who have been proceeded against either under Rule 7 or Rule 8 of the Rules, namely, (i) Dr. J.P. Chauhan, Medical Officer, Community Health Centre, Kalanpur; (ii) Dr. Makhan lal, Medical Officer, Community Health Centre, Aantri, Narnaul; (iii) Dr. S.H. Sehgal; (iv) Dr. Archana Soni and
(v) Dr. G.S. Narwal, all from General Hospital, Karnal;
(vi) Dr. Kuldeep Singh Rana, Medical Officer, General Hospital, Jind; (vii) Dr. Karan Singh, Medical Officer, Community Health Centre, Mohindergarh; (viii) Dr. Sarvpal Singh Bhatia, Medical Officer, General Hospital, Rohtak; (ix) Dr. Adhiswar Medical Officer, District Jail Karnal and (x) Dr. Ramesh Kamra, Medical Officer, Community Health Centre Bhuna, (Fatehabad).
10. The Director Prosecution, Sh. H.R. Janni, has also filed an affidavit showing that 14 cases against the Doctors preparing false MLRs were pending in different courts in five districts of the respondent-State. The case FIR No. 697 of 2010, under Sections 420, 467, 468, 471, 120-B IPC, P.S. City, Bhiwani; FIR No. 72 dated 09.02.2011, under Sections 195, 196, 420 and 120-B IPC, P.S. Ratia, Fatehabad; FIR No. 488, dated 22.08.2010, under Sections 420, 464, 468, 471, 465, 440, 195, 197, 327 and 34 IPC, P.S. City, Hansi, Hisar; FIR No. 300, dated 23.6.2010, under Section 120-B, 195, 196, 197, 198, 420, 465, 468 and 471 IPC and 8/13/49, of PC Act, P.S. Civil Lines, Hisar; FIR No. 1021, dated 1.12.2010, under Sections 155, 420, 307 IPC and P.C. Act, P.S. City Hisar; FIR No. 134, dated 22.09.2008, under Sections CWP No. 8756 of 2010 -13- 307, 323, 125, 506 IPC, P.S. City, Hansi, Hisar; FIR No. 365, dated 16.04.2010, under Sections 195, 196, 197, 307, 420, 468, 120-B IPC and Section 7/8/9/12/13/34 of P.C. Act, P.S. City, Hisar; FIR No. 132, dated 23.03.2010, under Sections 420, 195, 511 and 34 IPC, P.S. Hisar; FIR No. 612, dated 28.07.2010, under Sections 195, 196, 197, 420, 468 and 120-B IPC, P.S. Sadar, Hisar; FIR No. 125, dated 13.02.2007, under Sections 323, 324, 34, 193, 196, 420, 468 and 120-B IPC, P.S. Sadar, Hisar; FIR No. 180, dated 11.2.2010, under Sections, 307, 329, 425, 197, 120-B IPC, P.S. Hisar; FIR No. 109, dated 05.03.2010, under Sections 323, 506, 326, 452, 193, 196, 420, 120-B IPC P.S. Sadar, Hansi, Hisar; FIR No. 268, dated 21.12.2007, under Sections 323, 324, 325, 307, 148, 149, 217, 218 IPC, P.S. Pundri, Kaithal and FIR No. 73, dated 19.2.2008, under Sections 420, 467, 468 and 471 IPC, P.S. City, Yamuna Nagar, have been listed in the table. A further status report has been filed by respondent Nos. 1 and 4. The departmental proceedings were to be concluded against eight Doctors as per order dated 03.06.2011 passed by this Court. This status report dated 24.10.2011 is not different than the earlier status report filed by the same Officer.
11. On 31.10.2011, the Director of Prosecution has again filed a status of prosecution in various FIRs pending at Courts Bhiwani, Fatehabad, Hisar, Kaithal and Yamuna Nagar to which reference has already made in the preceding para.
12. We have heard learned counsel for the parties and are of the view that the respondent-State and Director of Prosecution have been pursuing criminal and disciplinary cases against those Doctors and others who have been indulging in CWP No. 8756 of 2010 -14- mal-practices of issuing fabricated and false MLRs on extraneous consideration resulting into harassment of a falsely named accused who in fact never committed an offence. On account of the efforts made by the respondents and in compliance of the directions issued by this Court from time to time, the respondents have been able to unearth a large number of cases which itself show that the monster concerning issuance of fabricated reports has been tamed to some extent. As is evident from the perusal of various action taken reports and the status reports filed by the Director General Health Services, Haryana, Chandigarh and Director of Prosecution respectively, the fraudulent and erring Doctors have been facing charges either at the departmental level or by way of criminal trial. The aforesaid facts and data revealed by the respondents indicate some satisfactory steps taken by them. In order to completely tam the monster of fabricated, false and procured medical reports or other related material which directly interfere in the administration of justice, it would be necessary to ensure that such a malady be nipped in the bud. Therefore, we feel that some directions would be necessary, which read as under:
(A) A reference has been made to Special Medical Board, PGIMS, Rohtak and SIT. We feel both these agencies shall continue working as nodal agency in coordination with each other. If any, complaint concerning the false and fictitious medical reports or other related issue is received at any police station then the same be investigated with the help of SIT. The matter be referred to Special Medical Board, PGIMS, Rohtak for CWP No. 8756 of 2010 -15- its opinion. The progress made by these agencies be filed in the form of status report by end of February 2012, which may be placed before this Court. A copy of the status report be also sent to the Director Prosecution, Haryana two weeks in advance. The Director Prosecution, Haryana shall also sent a status report by disclosing the stage of prosecution of all these cases concerning false, fabricated and procured medical reports and other related issues. It shall also include the status of any latest complaint and a status report be filed by the Director Prosecution, Haryana by end of February, 2012, which may be placed before this Court.
(B) In order to reveal and surface any other complaint, the respondent-State of Haryana through its Chief Secretary shall give wide publicity to the issue in print and electronic media. In that regard a notice be published in the print media inviting complaints of false, fabricated and procured medical reports and other related issues. The notice shall be issued in the print media by including the newspapers English daily 'The Tribune', 'Indian Express' and 'Hindustan Times'. Likewise, Hindi daily 'Punjab Kesari' and 'Bhaskar'. In the electronic media also, such like information be telecast with the notice to general public inviting complaints concerning false, fabricated and procured medical reports. In that regard true channels having wide viewer ship, may be selected by the Chief Secretary, Haryana. CWP No. 8756 of 2010 -16- (C) The status report in respect of the disciplinary action taken against the Doctors and other staff be filed by the Financial Commissioner, Haryana and Principal Secretary, Department of Health and Welfare along with stage of the disciplinary action. The needful shall be done by end of February, 2012.
(D) The petitioners and any other member of the public may move any other application concerning the subject matter of the present petition by moving before this Court. The Registry shall place the same before this Bench.
13. Accordingly, the writ petition stands disposed of in the above terms.
14. A copy of this order be given to Mr. Kulvir Narwal, learned Addl. A.G., Haryana under the signatures of the Bench Secretary for onward transmission to concerned quarters.
(M.M. KUMAR) ACTING CHIEF JUSTICE (RAJIV NARAIN RAINA) JUDGE November 02, 2011 Atul