The Central Administrative Tribunal (CAT) in Jammu has stayed the ban on the private practice of doctors after finding that the ban order was passed without following the proper procedure.
According to details obtained, CAT also determined that the impugned orders were issued based on incorrect facts.
Notably, in the first week of the ongoing month, the Health and Medical Education Department banned the private practice of Dr Pawan Kumar, Consultant Anesthesia at CHC Ramgarh, and Dr Mohan Lal Attri, Consultant Surgeon at CHC R S Pura, for a period of five years to prevent potential risks associated with their continued involvement in non-institutional medical service. The department also issued orders for withholding one increment for both doctors, along with its consequential impact.
It was ordered that Dr Pawan Kumar be transferred and posted at SDH Paddar, Kishtwar, and Dr Mohan Lal Attri be transferred and posted at CHC Gandoh with immediate effect.
The concerned doctors alleged a sheer violation of Rule 35 of the J&K Civil Services (Classification, Control, and Appeal) Rules, 1956, and claimed that it was a blatant violation of the principles of natural justice. They said the authorities did not hold the required inquiry as contemplated under the CCA Rules, 1956, and failed to provide an opportunity to be heard.
They also expressed being aggrieved by impugned order no. CMO-J/inquiry/2024/10192-97 dated 18.11.2024, passed by the concerned CMO without any competency or jurisdiction to constitute a committee to inquire into allegations of alleged negligence against them.
The doctors said the authorities had virtually imposed three punishments: a complete ban on their private practice for five years, the withholding of one increment with consequential effects, and the transfer from Community Health Centre R S Pura and Community Health Centre Ramgarh to Community Health Centre Gandoh and Sub District Hospital Padder Kishtwar, respectively.
In their order sheet, CAT Jammu stated, “Prima facie, we have found substantial points to interfere with the impugned order since the orders have been passed without following the procedure and law governing the field.” They added, “We have also found that the impugned orders have been passed on incorrect facts.”
The case has been scheduled for a hearing on April 28.
Meanwhile, the operation of impugned order number CMO-J/inquiry/2024/10192-97 dated 18.11.2024 and impugned government order no. 186-JK(HME) of 2025 dated 03.03.2025 is stayed. The applicants will be allowed to perform their duties at the locations where they were working before the passing of the impugned orders.
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