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HC stays transfer of Dr Gurmeet Kour, notice to health minister

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STATE TIMES NEWS
JAMMU: Justice Janak Raj Kotwal of J and K High Court Jammu while issuing notices to Chaudhary Lal Singh, Minister Health and Medical Education Department and Commissioner/Secretary, Health and Medical Education Department stayed the transfer of Dr. Gurmeet Kour, Registrar in the discipline of Psychiatry in Government Medical College, Jammu, to District Hospital, Poonch, till she completes the tenure appointment as Registrar or till further orders from the Court, whichever is earlier.
Dr. Gurmeet Kour, had challenged her transfer from the post of Registrar in the discipline of Psychiatry in Government Medical College, Jammu, to District Hospital, Poonch, having been passed illegally, capriciously, for collateral purposes and contravention to the ad-interim directions dated 3rd January, 2015 passed in petition filed by Dr. Gurmeet Kour.
Senior Advocate B.S Slathia, along with Advocate Dinesh Singh Chauhan, in their arguments alleged that Chaudhary Lal Singh, Minister for Health and Medical Education Department, known for misbehaving with doctors since he took over as the Minister for Health and Medical Education for the first time in 2002 and back with the baggage of insults to the otherwise highly respected medical fraternity on 9th March, 2015 during a function outraged the modesty of the Writ Petitioner in full public view consequentially leading to defamation in the public.
Chaudhary Lal Singh, Minister was invited for the inauguration of the newly constructed Psychiatric Diseases Hospital. The doctors of the Psychiatry Department were standing on a side, witnessing the proceedings. After Chaudhary Lal Singh Minister, cut the ribbon of the building, he came upstairs to the hall where he had to deliver a speech to mark the opening of the hospital. The Writ Petitioner was standing in this hall with her colleagues, when Chaudhary Lal Singh walked towards the Writ Petitioner and asked her arrogantly, “Where is your apron?” The Writ Petitioner replied that since it was a social function, she did not think that apron was required. Chaudhary Lal Singh shouted back, “this is an official function.” The Writ Petitioner again politely answered that the apron was not part of the official uniform of the doctor. Also, globally, psychiatrists don’t wear the apron even in wards for the comfort of the patients. On this, Chaudhary Lal Singh, shouted at the Writ Petitioner, “Who has invited her here?” Medical Superintendent Dr. Osmania Sauda Veeri quipped that the Writ Petitioner is a staff member. Chaudhary Lal Singh went to the extent of showing immense degree of indecency while yelling at the Writ Petitioner, “Tumhara Kaam Ho Gaya Chalo Niklo” (your work is over, now go out). The Writ Petitioner shocked and wrecked by the rowdy behaviour of Chaudhary Lal Singh, approached the Station House Officer, Police Station, Bakshi Nagar, Jammu, for lodging First Information Report (FIR) against him under the relevant provisions of the law.
It was further argued that the exercise of power in transferring the Writ Petitioner from the post of Registrar in the discipline of Psychiatry in Government Medical College, Jammu, to District Hospital, Poonch, is based on extraneous consideration, for achieving an alien purpose or an oblique motive amounting to malafide, colourable exercise of power and in breach and contravention to the ad-interim directions dated 3rd January, 2015 passed in Writ Petition earlier filed by “Dr. Gurmeet Kour Versus State of J and K and others.”, whereby, the Petitioner has been permitted to continue against the tenure post of Registrar. JNF

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