Strike illegal, sack all doctors, suspend degrees: Plea in HC
IN COURT Petition seeks action against health secy, CMHO and inservice medical officer for contempt of SC JAIPUR
: A contempt petition was filed in the Rajasthan high court on Tuesday seeking termination of services of doctors and suspension of their degrees for illegally going on strike and putting lives at risk.
The petition seeking action against health secretary Veenu Gupta, CMHO Churu Ajay Choudhary and in-service medical officer Durgashanker Saini for contempt of Supreme Court directives and ignoring high court’s order holding strikes by doctors illegal.
The petition was filed by advocate Dr Abhinav Sharma on behalf of Govind Kumar Khoda saying that the petitioner had been adversely affected by the strike and was not able to avail medical facilities. The court will hear the matter on November 9.
Advocates Dr Abhinav Sharma and Anand Sharma also filed a complaint with the state human rights commission, which issued a notice to the government and doctors’ association, seeking a reply on what action has been taken by the state government against the agitating doctors.
Commission chairperson Justice Prakash Tatia asked the doctors to immediately join services as their strike was illegal in the light of the order passed by the Rajasthan High Court as well as the apex court.
He said that the association should furnish one good reason to explain their conduct.
Around 10,000 doctors in the state, under the All Rajasthan in Service Doctors’ Association, have gone on strike on Monday in support of their demands.
“We have 2,900 PHCs and 4,500 CHCs which cater to a large number of people. But by going on strike for their demands they are ignoring public interest. Despite initiating RESMA, the state government did not terminate them or suspend their degrees,” Dr Abhinav Sharma said.
The petition seeking action against Ajay Choudhary and Durgashanker Saini for instigating the doctors to go on strike and against Veena Gupta, who as custodian of public interest, failed to take disciplinary action or action under Rajasthan the Essential Services Maintenance Act (RESMA) 1970. The act has provisions for punishing those who go on strikes and also those who instigate them.
It referred to an earlier high court order of 2012 stating that doctors shall not indulge in strikes and the state was to ensure this.
Dr Abhinav Sharma said that action should be taken against Gupta for not referring any complaint to MCI against Dr Choudhary and Dr Saini for instigating a strike in defiance of the court’s directives.
He said Dr Choudhary had been involved in leading a similar strike in 2011, which had resulted in the loss of life and derailment of medical aid in the state.
Sharma said Choudhary was arrested and lodged in jail but he was set free after a compromise between the government and doctors. This, he contended, had emboldened the doctors and given them a free hand.