Compulsary retirement not Legally Sustainable: HC relief to Tanda Medical College Principal
Shimla: Himachal Pradesh High Court has rejected a petition filed by the State Government challenging the judgment of a single bench quashing the State Government's order to mandatorily retire the principal of Dr Rajendra Prasad Government Medical College (Tanda Medical College), following the death of an MBBS student.
The genesis of the case goes back to 2009, when a 1st-year MBBS student died in Tanda Medical College after being brutally ragged by the senior students on the night of March 6 and 7, 2009.
Kachroo (19), who passed out of DPS International and enrolled at the Medical College had repeatedly complained to his parents about the brutal ragging that took place on campus often by completely drunk third-year students. Due to severe beatings at the hands of senior students, Aman sustained grievous injuries on his chest, ears and face. Thereafter, the student succumbed to his injuries.
The death of the MBBS student sparked great controversy and criticism for the medical college management. The gravity of the case led to the condemnation of even the State government. Voices were raised demanding justice for the deceased.
The matter was also looked into by the Medical Council of India (MCI). Besides, a committee inquired the reasons for the death of the medico and submitted its report.
Deliberating the report, the state government decided to suspend the principal in charge of the medical college. The principal submitted his stance to the government. However, dissatisfied by the response and submissions made by the principal, the Government concluded to compulsorily retire him from service.
A legal inquiry was conducted and the case was taken up by additional district magistrate of Kangra district at Dharamshala. The single bench judge had concluded that the order issued by the State Government to compulsorily retire the principal from service as a penalty was not legally sustainable and junked the state's order.
Challenging the single bench order, the state government recently moved the High Court where a division bench of Justice Dharam Chand Chaudhary and Justice Vivek Singh Thakur dismissed the state's plea while delivering the judgement on July 29.
As per a recent media report by TOI, the bench stated that the disciplinary authority, which objected with the findings of the inquiry officer, had already taken a final decision. The court added that the single judge, therefore, has not committed any irregularity or illegality while concluding that the order, with respect to the imposition of penalty of compulsory retirement, is not legally sustainable. Thereby, rejecting the state government's plea against the judgement of a single bench order to quash the compulsory retirement of the principal.