HC to AIIMS: Don’t replace forensic chief

Dr Sudhir Kumar Gupta had challenged that one Dr O. P. Murty was promoted after purging his seniority, with the purpose of obtaining a tailor- made report in the murder of Sunanda Pushkar

The Delhi high court has asked the AIIMS not to replace Dr Sudhir Kumar Gupta, the head of the AIIMS forensic department, without its permission. Dr Gupta had alleged discrimination for refusing to act unprofessionally in the Sunanda Pushkar autopsy matter.

A bench of Justices Kailash Gambhir and I. S. Mehta said, “Without expressing any opinion on the contentions raised by the petitioner ( Dr Gupta), we direct the respondent No. 1 ( AIIMS) to take leave of this court in the event of any contemplation at their end to replace the petitioner from the post of HoD.”

The bench also issued notices to the health and family welfare ministry and the AIIMS, seeking their reply on Dr Gupta’s plea.

Dr Gupta had challenged a March 4 decision of the Central Administrative Tribunal ( CAT), rejecting his charge that one Dr O. P. Murty was promoted after purging his seniority, with the purpose of obtaining a tailor- made report in the sensational murder of Sunanda Pushkar.

The AIIMS, he had alleged, had illegally purged his seniority with “malafide intention” to punish him for refusing to act unprofessionally in the autopsy matter.

Senior advocate Amarendra Sharan, appearing for Dr Gupta, had submitted that the doctor was appointed HoD in 2013 after taking into consideration his seniority as a professor ( forensic medicine and toxicology).

The court, while restraining the AIIMS from removing Dr Gupta without its prior leave, asked the counsels of both parties to file the synopsis of written submissions along with the supporting judgments before the next date of hearing.

Clearing former Union minister and Congress leader Shashi Tharoor of the charge of wrongdoing, the CAT had said, “The email sent by Shashi Tharoor, the then Union minister, to Dr Rajiv Bhasin, on January 26, 2014, and the notice dated June 2, 2014 issued by Dr Adarsh Kumar, member secretary, Medical Board, AIIMS, do not reveal anything to show that any pressure was put on the applicant to submit a tailormade autopsy report in Sunanda Pushkar case.”

Dr Gupta’s counsels Sharan and Somesh Jha, while seeking to quash the CAT verdict and AIIMS decision to promote Dr Murty.