DEVI PRASAD SINGH, J. - (1.) HEARD learned counsel for the petitioner Shri D.P. Dutt Tiwari and learned Standing Counsel. The facts and circumstances and the material on record giving rise to the present controversy show not only the sorry state of affairs but also show the unethical and polluted dent of mind of the staff and doctors concerned, posted in the Community Health Centre, Gosainganj, Lucknow failing in their duty to serve a poor Scheduled Caste preg­nant lady who approached them for treatment and delivery of child.
(2.) THE petitioner, who is posted as Staff Nurse at Community Health Centre, Gosainganj, Lucknow has been placed under suspension by order dated 2.7.2008. Precisely, the ground for suspension is that on 30.8.2008 at about 6.30 p.m., a pregnant poor lady Smt. Sarvesh Kumari who approached the Community Health Centre, Gosaiganj, Lucknow for delivery gave birth to a child on road adjacent to Community Health Centre. Learned counsel for the petitioner submits that Smt. Sarvesh Kumari was admitted on 29.6.2008 and in the morning next day, she was relieved. However, she again contacted for her treatment. In the bed head ticket at about 2.10 p.m., it has been noted that the condition of Smt. Sarvesh Kumari was critical. Later on, she was discharged from the Community Health Centre with a reference to Dafferin Hospital, Lucknow. According to the petitioner's counsel, Smt. Sarvesh Kumari because of infirmness, pain and paucity of fund declined to approach Dafferin Hospital and give birth to a child at about 6.30 p.m. on road adjacent to the Community Health Centre, Gosainganj. The allegation is that the petitioner, who is a Staff Nurse, had not attended Smt. Sarvesh Kumari at the time of delivery on the road, adjacent to Community Health Centre. According to the petitioner's counsel, the petitioner was not on duty; rather another Staff Nurse, namely Meena Devi was on duty. It has been submitted that the petitioner has been placed under suspen­sion by the impugned order on the ground that she did not attend the lady who delivered a child on road adjacent to the Community Health Centre. He further submits that the petitioner's duty was from 8.00 p.m. onward on 30.6.2008 to 8.00a.m. next day. It is further submitted that besides one Meena Devi, Staff Nurse, Dr. Malti Chowdhary, Gynaecologist and Dr. Prateek Nalwa were on duty. The submission of the petitioner's counsel is that with an intention to save the higher authorities, the petitioner has been placed under suspension on unfounded grounds as a scape-goat.
(3.) ON the other hand, learned Standing Counsel has filed an affidavit of the Director General, Medical and Health Services, U.P. Swasthya Bhawan, Lucknow annexing therewith a copy of the order dated 28.8.2008, by which the order of suspension of the petitioner has been revoked on the ground that prima facie, no case is made out against the petitioner. Another order of the same date was placed before this Court yesterday, i.e. on 28.8.2008 which shows that the Direc­tor General, Medical and Health Services had taken up the matter and recom­mended for disciplinary action against Dr. Prateek Nalwa and Dr. Malti Chowdhary and others.;