The petitioner, an ophthalmic surgeon, appealed an order quantifying and directing recovery of a monetary penalty following medical negligence allegations. The court found no mitigating circumstances and dismissed the petition.
The original petition is dismissed; the order recovering seven lakh twenty thousand rupees is affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE A.M.BABU
THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940
OP(KAT).No. 97 of 2019
AGAINST THE ORDER DATED 26-09-2017 IN OA (EKM)1859/2017
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
(CAMP SITTING AT ERNAKULAM)
PETITIONER/APPLICANT:
DR.PRADEEPKUMAR K.R.,CONSULTANT IN OPTHALMOLOGY, GENERAL HOSPITAL, ERNAKULAM, RESIDING AT KOLLARA HOUSE, VELUTHUR P.O., THRISSUR, KERALA-680 012.
BY ADV. SRI.K.R.BHARATHAN
RESPONDENTS/RESPONDENTS:
1 THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
3 THE PRINCIPAL ACCOUNT GENERAL (A &E), KERALA, M.G.ROAD, THIRUVANANTHAPURAM- 695 001.
SRI. T.RAJASEKHARAN-SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 07.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) No.97/2019
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JUDGMENT
Chitambaresh, J.
The petitioner was the Ophthalmic Surgeon who conducted cataract surgeries of 21 persons on the fateful day. It turned out that five patients contracted infective Endophthalmitis, five patients completely lost their vision and two patients lost vision partially. The Government had to eventually pay a sum of `18,00,000/- (Rupees eighteen lakhs only) as compensation to the victims of the surgery.
OP(KAT) No.97/2019
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We do not find any mitigating circumstance to interfere with the impugned order of the tribunal. The original petition is dismissed.
Sd/- V. CHITAMBARESH JUDGE
Sd/- A.M. BABU JUDGE
ncd
OP(KAT) No.97/2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE O.A.(EKM) NO.1859/2017 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM (CAMP SITTING AT ERNAKULAM). EXHIBIT P2 TRUE COPY OF THE REQUEST MADE BY THE SUB DIVISIONAL POLICE OFFICER, KUNNAMKULAM BEFORE THE D M O, THRISSUR, DATED 10.03.2014 TO CONSTITUTE A EXPERT PANEL TO EXAMINE THE INCIDENT OBTAINED UNDER RTI ACT. EXHIBIT P2 (a) TRUE COPY OF THE REPORT OF THE EXPERT PANEL OBTAINED UNDER RTI ACT. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE OPERATION THEATRE REGISTER SHOWING THE LIST OF SURGERIES CONDUCTED BY OTHER DOCTOR'S IN OPHTHALMOLOGY OPERATION THEATRE BETWEEN JUNE 2013 TO JUNE 2014. EXHIBIT P4 TRUE COPY OF MINUTES OF THE DOCTOR'S MEETING DATED 27.05.2013. EXHIBIT P4 (a) TRUE COPY OF MINUTES OF THE DOCTOR'S MEETINGS DATED 16.08.2013. EXHIBIT P5 TRUE COPY OF THE ORDER DATED
1 issue framed by the court
Whether the High Court Administrative Tribunal should interfere with the order recovering the unsuffered portion of the increment bar imposed as punishment.
DR. PRADEEPKUMAR K.R.
THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT
THE DIRECTOR, HEALTH SERVICES, GOVERNMENT OF KERALA
THE PRINCIPAL ACCOUNT GENERAL (A &E), KERALA
V. CHITAMBARESH
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
