SRINAGAR: The Central Administrative Tribunal (CAT) in Jammu has stayed the ban on the private practice of doctors after finding that the ban order was issued without following proper procedures. CAT also determined that the impugned orders were based on incorrect facts.
Earlier this month, the Health and Medical Education Department had imposed a five-year ban on the private practice of Dr Pawan Kumar, Consultant Anaesthesia at CHC Ramgarh, and Dr Mohan Lal Attri, Consultant Surgeon at CHC R S Pura, citing potential risks due to their continued involvement in non-institutional medical service. The department also ordered the withholding of one increment for both doctors, with its consequential effects.
Dr Pawan Kumar was transferred to SDH Paddar, Kishtwar, and Dr Mohan Lal Attri was posted at CHC Gandoh with immediate effect.
The doctors contested the ban, alleging a violation of Rule 35 of the J&K Civil Services (Classification, Control, and Appeal) Rules, 1956, and a breach of the principles of natural justice. They argued that no formal inquiry was conducted, and they were denied an opportunity to be heard.
They further objected to order no. CMO-J/inquiry/2024/10192-97, dated 18.11.2024, claiming it was issued by an unauthorised official lacking jurisdiction.
In its interim order, 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.” The tribunal also noted that the decisions were based on incorrect facts.
The case is scheduled for its next hearing on April 28. Until then, the operation of order no. CMO-J/inquiry/2024/10192-97, dated 18.11.2024, and government order no. 186-JK(HME) of 2025, dated 03.03.2025, has been stayed. The doctors are allowed to resume duties at their previous locations. (KNO)
