RAJESH SHANKAR,J. - (1.) Reference may be made to the order dated 05.11.2019 whereby the following directions were given: "(i) The competent authority of the State of Jharkhand is directed to take final decision upon the proposal sent by the RIMS for opening of Gastroenterology, Surgical Gastroenterology, Endocrinology, Nuclear Medicine, Clinical Haematology and Physical Medicine and Rehabilitation Department keeping the fact into consideration that proposal has been sent way back in the year 2016 and reminder to that effect has been sent in the year 2019 but it is very surprising that as yet the State of Jharkhand has not taken any final decision upon the proposal sent by the RIMS. Without making any further comment upon the State Government, this Court, hereby directs the State Government to take final decision upon the pending proposal by taking decision in this regard within a period of four weeks from the date of receipt of copy of this order. (ii) So far as the decision for creation of new posts in Psychiatry, TB and Chest departments of the RIMS, it has been stated by the RIMS at paragraph-8 that request for creation of these posts would be send to the State Government within a period of three weeks, in view thereof, the Director, RIMS is directed to send the said proposal to the State Government within a period of three weeks, the State Government in turn thereof, is directed to take final decision upon the said proposal within a period of four weeks from the date of receipt of such proposal. (iii) So far as filling up of the posts in some of the existing departments of RIMS is concerned, the Director RIMS has stated on oath that the remaining vacant posts would be filled up within a period of three months, in view of such stand taken in this regard, this Court directs to complete the process within the said period. (iv) So far as the appointment of nurses are concerned, it is in the midway in pursuance to the advertisement notified on 09.03.2019, this Court is not passing any order in this regard due to some dispute about non-consideration of Circular dated 01.06.2018 as contained in Circular No.3854 and amended Circular No.8468 dated 20.11.2018 leaving it open upon the State Government to make its alternative arrangement so that people at large of the State of Jharkhand will not be made to suffer. (v) The Director RIMS has averred at paragraph 13 with respect to the allotment of supply of medicine and other instrument which is required in the treatment of ailing persons and the process to that effect has been averred to be completed within a period of ten weeks, in view thereof, with the expectation that it would be completed within a period of ten weeks, no order is now being passed in that respect. (vi) So far as the creation of services of Special Vigilance Unit is concerned, since the learned Advocate General has also agreed to the practical difficulties which is being faced by the Director RIMS and as he has submitted that he will deliberate upon this issue with the competent authority of State Government to make out an effective measure to deal with the private practice, as such waiting for the positive decision in this regard, no order is being passed as on today, however, with a direction upon the State Government to come out with a positive suggestion in this regard so that the doctors, with the service condition to get non-practicing allowances, cannot be allowed to indulge in private practice. (vii) But as has been submitted by Dr. Ashok Kumar Singh, learned counsel for the RIMS that after the duty hours i.e., from 9:00 a.m. to 5:00 p.m. if the doctors are indulged in private practice, the Director RIMS cannot deal with the situation due to the practical difficulties of having no means in this regard to conduct surprise raid and for that, Special Vigilance Unit has been suggested to be created which has also not been disputed by the learned Advocate General but so far as the issue pertaining to duty hours, it is the duty of the Director RIMS to deal with the situation being the head of the Institution and if the plea is being taken that even during the duty period it cannot be dealt with that cannot be appreciated, in view thereof, Director RIMS is directed to look into the situation so that at least in the duty hours no doctor be absent from duty and if any of the doctors is found not available/found to be not present in the duty hours, it is up to the Director RIMS to deal with such situation by taking appropriate action in accordance with law and as per the rule applicable to the employees/the officers working under the RIMS."
(2.) A supplementary counter affidavit dated 11.12.2019 has been filed on behalf of the respondent No.2, sworn by the Deputy Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Ranchi, stating inter alia that in view of the direction of this Court to the State Government to take final decision upon the pending proposal, the Department has received a proposal from RIMS, Ranchi for creation of posts in the Departments of Gastroenterology, Endocrinology, Nuclear Medicine, Clinical Haematology, Physical Medicine and Rehabilitation, upon which the matter was forwarded to the Planning-cum-Finance Department for its concurrence and as per the suggestions of the Planning-cum-Finance Department, a direction was issued to the Director, RIMS, Ranchi for rectification in the proposal. On rectification of the proposal by the RIMS, Ranchi including the proposal for the Departments of Psychiatry, TB and Chest, the same is under process for concurrence of the Planning-cum-Finance Department. So far as the direction issued to make an alternative arrangement of nurses in RIMS, Ranchi due to their insufficient numbers is concerned, a proposal has been received by the Department to appoint 150 nurses on contractual basis. However, since the process of appointment of 362 nurses is at last stage, the contractual appointment of 150 nurses is not feasible as for the contractual appointment also, the regular process is required to be followed which was not possible due to Model Code of Conduct and therefore it would be better to complete the process of regular appointment at the earliest.
(3.) Another supplementary counter affidavit dated 16.01.2020 has been filed on behalf of the respondent No.2, sworn by the Deputy Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Ranchi stating inter alia that the Special Vigilance Committee has submitted its enquiry report on 06.01.2019 with regard to the private practice being done by the doctors of the RIMS, Ranchi. As per the said enquiry report, three doctors have been found indulged in the private practice at their residences in which two doctors were directly and one was indirectly found indulged in the private practice. The Department has directed RIMS, Ranchi to take appropriate disciplinary action against the said doctors vide letter No. 04(11) dated 07.01.2020.;