JUDGEMENT
Raghuvendra S. Rathore, J. -
(1.) THE petitioner in this case has challenged the order of suspension dated 23.5.03 passed by the Deputy Secretary, Department of Personnel, Government of Rajasthan. It has been prayed that the impugned order of suspension be quashed and set -aside and the petitioner be reinstated in service with all consequential benefits.
(2.) BRIEFLY stated, the facts of the case are that in the month of March 2003 there were certain complaints against the non qualified medical practitioners in District of Kota, alleging that some of them are not having the requisite degrees and there are others who are having fictitious certificates. Some others are having licenses which had not been renewed. In this regard, Deputy Superintendent of Police (Rural) had also made complaint to the petitioner, vide letter dated 11/03/2003. The petitioner was reported that the Registered Medical Practitioners had not been getting their license renewed since long and there had been complaint against them as well as certain nursing homes for committing irregularities in their work. The public had also raised grievance in respect of the subject of the aforesaid complaints. The petitioner had also issued a press note on 08/03/2003 wherein it was mentioned that the inspection of nursing homes shall be continued as per the directions of the State Government and the Registered Medical Practitioners have already been inspected and legal action would be taken if required. The said press note was published in the daily newspaper. In view of the above, the petitioner issued instructions and took action against those who were defaulters and had not complied with the directions/instructions of the State Government. The Deputy Superintendent of Police, Kota (Rural) had initiated two enquiries against Shakir Mohammed son of Ali Mohammed resident of Karwad. The petitioner had also made an enquiry regarding qualifications and thereafter a notice was given to Shakir Mohammed and two other similar persons. Deputy Superintendent of Police sent a list of registered Medical Practitioners, to the petitioner asking as to whether such practitioners could work on the basis of the certificate held by them. In this light, the petitioner also made enquiries against such like persons.
(3.) THEREFORE , nursing home and registered medical practitioners joined hands and hatched conspiracy against the petitioner who was being considered as a hurdle. In furtherance thereof, a conspiracy was hatched wherein Shri Abdul Khalil Ansari was made a tool and a false, fictitious and concocted report was sent to Anti Corruption Bureau, Out Post, Kota on 13/04/2003.;
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