Varsity tribunal reinstates sacked professor

Varsity tribunal reinstates sacked professor
K S Manojkumar

AURANGABAD, APRIL 20: The University and College Tribunal officer here has quashed an inquiry conducted under instructions of the Dean of the MGM Medical College and Hospital here which had resulted in the termination of an associate professor in the college's obstetrics and gynaecology department.

The tribunal has set aside the order of termination issued to Dr Anjali Madhusadhan Deshpande, and reinstated her. She was charged with negligence, lack of timely diagnosis, causing the death of a patient, who was operated for a Medical Termination of Pregnancy (MPT).

While holding the inquiry as invalid, the presiding officer of the tribunal has saddled cost of Rs 2,000 towards the petition to the chairman of the MGM trust, Kamal Kishore Kadam (Sitting MLC), and the dean of the college.

Even while expressing surprise as to how an inquiry officer could hold a doctor responsible for the death of a patient, without even knowing the cause of the death, the presiding officer, questioned the manner in which the whole inquiry was set up, without a sound legal base.

The remarks in the column showing the cause of death mention that the judgement in it had been reserved....and the advocate for the chairman and the dean was not in a position to clarify how the inquiry officer could fix responsibility on someone without this information,'' presiding officer, S C Malte stated in his order.

Interestingly, this lack of information had not stopped inquiry officer, S G Muglikar, a retired district court judge, from using strong words like `eject Dr Anjali Deshpande, from her service.' At one place the inquiry officer does hold Dr Varsha Deshmukh, who actually performed the operation responsible for the negligence, but spares any judgement on her in his concluding part.

The presiding officer also wondered on what basis the inquiry officer could come to the conclusion that there was a delay in performing the second operation on the patient. Moreover, no evidence or statement was recorded from Dr Soni, who had supposedly advised the carrying out of some tests on the patient's kidney, though his statement was taken as an evidence against Dr Anjali Deshpande's negligence.

The presiding officer also upheld the contention of Dr Deshpande that the dean had no authority in conducting such an inquiry against her. Such an inquiry could only be carried out following a resolution passed by the college management or governing council.

The presiding officer also refused to accept documents submitted by the college management, showing a resolution passed by the governing body, delegating all such responsibilities as holding an inquiry to the dean. While pointing to the fact there appears doubt as to when such a resolution was passed or passed at all, the presiding officer held that such a responsibility could not be delegated to the Dean.