Delhi High Court has come to the rescue of the head of AIIMS forensic department, Sudhir Kumar Gupta, who had alleged discrimination for refusing to act unprofessionally in the Sunanda Pushkar autopsy matter, asking the Institute not to replace him without its permission.
“Without expressing any opinion on the contentions raised by the petitioner (Gupta), we direct the respondent No.1/AIIMS to take leave of this court in the event of any contemplation at their end to replace the petitioner from the post of HoD,” a bench of justices Kailash Gambhir and I S Mehta said.
The bench also issued notices to the Ministry of Health and Family Welfare and All India Institute of Medical Sciences (AIIMS) seeking their reply on Gupta’s plea.
Gupta, Head of the Forensic Medicine and Toxicology Department, had challenged a March 4 decision of the Central Administrative Tribunal (CAT) rejecting his charge that one Dr O P Murty was promoted after purging his seniority, with the purpose of obtaining a tailor-made report in the sensational murder case of Sunanda Pushkar Tharoor. He also alleged that AIIMS had illegally purged his seniority with “malafide intention” to punish him for refusing to act unprofessionally in the autopsy matter.
Senior advocate Amarendra Sharan, appearing for Gupta, had submitted that the doctor was appointed HoD in 2013 after taking into consideration his seniority as Professor (Forensic Medicine and Toxicology).
He said there was “serious apprehension” that in light of the CAT decision which was now under challenge, AIIMS may decide to replace him by appointing Murty or anyone else.
“Without expressing any opinion on the contentions raised by the petitioner (Gupta), we direct the respondent No.1/AIIMS to take leave of this court in the event of any contemplation at their end to replace the petitioner from the post of HoD,” a bench of justices Kailash Gambhir and I S Mehta said.
The bench also issued notices to the Ministry of Health and Family Welfare and All India Institute of Medical Sciences (AIIMS) seeking their reply on Gupta’s plea.
Gupta, Head of the Forensic Medicine and Toxicology Department, had challenged a March 4 decision of the Central Administrative Tribunal (CAT) rejecting his charge that one Dr O P Murty was promoted after purging his seniority, with the purpose of obtaining a tailor-made report in the sensational murder case of Sunanda Pushkar Tharoor. He also alleged that AIIMS had illegally purged his seniority with “malafide intention” to punish him for refusing to act unprofessionally in the autopsy matter.
Senior advocate Amarendra Sharan, appearing for Gupta, had submitted that the doctor was appointed HoD in 2013 after taking into consideration his seniority as Professor (Forensic Medicine and Toxicology).
He said there was “serious apprehension” that in light of the CAT decision which was now under challenge, AIIMS may decide to replace him by appointing Murty or anyone else.