Daya Chaudhary, J. - (1.) The prayer in the present petition is for issuance of a writ in the nature of certiorari for quashing of orders dated 29.04.2011 (Annexure P-11), 27.09.2011 (Annexure P-13), 05.03.2012 (Annexure P-15) and 07.11.2012 (Annexure P-19), whereby, the penalty of stoppage of two annual increments without future effect has been imposed upon the petitioner and the appeal filed against said order has also been rejected.
(2.) Briefly, the facts of the case as made out in the petition are that the petitioner was posted as an Emergency Medical Officer (EMO) at Civil Hospital, Bathinda. On 21.10.2008, while he was on duty, one Shri Hargobind Singh, an accused in case registered under Sections 107/151 of the Code of Criminal Procedure, 1973 was brought for medical checkup at Civil Hospital, Bathinda. As per medical checkup conducted by the present petitioner, it was found that there was no external mark of fresh injury. On 22.10.2008, the District and Sessions Judge, Bathinda visited and inspected the jail. Accused made a complaint of pain in his right leg and abrasion on the right arm. He also made a complaint that he was beaten up by the opposite party as well as by the police officials. On the basis of complaint made by the accused, the District and Sessions Judge passed the order of conducting medical examination by the Board of Doctors. Thereafter, the Medico-legal report was prepared by the Board of Doctors and a copy, thereof, was sent to the District and Sessions Judge, Bathinda. An inquiry was ordered to be conducted against both the doctors i.e the present petitioner and one Dr. Kuldip Rai for not reporting the multiple injuries at the time of medical checkup of accused Sh. Hargobind Singh. Thereafter, vide letter dated 12.11.2008, the petitioner was asked to clarify his position to which he filed his reply stating therein that there was no fresh injury inflicted on the person of the prisoner. Even the accused did not mention any fresh injuries and the report was prepared as per his statement, which was duly signed. The replies submitted by both the doctors including the present petitioner were not found to be satisfactory and they were warned to be careful in future. The petitioner was issued a charge sheet dated 18.06.2009, wherein, two allegations were levelled against him i.e the injuries of the accused were not properly mentioned and the petitioner had misused his designation and was negligent in duty. The inquiry was conducted by I.A.S. Officer (Retd.) and petitioner as well as another doctor, namely, Dr. Kuldip Rai were held guilty of charge No.1 i.e not properly inspecting the injuries of the accused Sh. Hargobind Singh but were exonerated of the second charge i.e misuse of designation/negligence in duty. The petitioner submitted reply to the report but as the same was not found to be satisfactory. Two annual increments of the petitioner were stopped without future effect vide order dated 29.04.2011.
(3.) Against the said order dated 29.04.2011, the petitioner filed an appeal which was rejected on 27.09.2011. The petitioner filed the second appeal before the Health and Family Welfare Minister, Government of Punjab, Chandigarh, which was also dismissed. Thereafter, again the petitioner filed another appeal stating therein that the same allegations were levelled against Dr. Kuldip Rai and vide order dated 29.06.2011, the penalty of 5% cut in pension was imposed upon the said doctor but in appeal, he was exonerated vide order dated 25.10.2011 after giving a personal hearing, whereas, no opportunity of hearing was given to him.;