Early Times Report
JAMMU, Aug 12: The Central Administrative Tribunal (CAT) Srinagar Bench has directed the Government to complete within 30 days an enquiry into allegations against Dr. Younis Kamal, Head of the Department of Orthopaedics at Government Medical College (GMC) Anantnag, who was barred from private practice under Government Order No. 509-JK(HME) of 2025 dated July 28.
Hearing the matter, Member (Judicial) M.S. Latif ordered that Dr. Kamal must be given a fair opportunity to present his defence before the competent authority. Until the enquiry concludes, no further punitive orders shall be issued against him, provided he fully cooperates.
Dr. Kamal, represented by Senior Advocate Jehangir Iqbal Ganai with Suhail Meraj, argued that the ban order was issued without a show-cause notice or hearing, violating principles of natural justice. He denied engaging in private practice during duty hours, citing verified attendance and absence of complaints.
Deputy Advocate General Syed Musaib, appearing for the UT administration, sought four weeks to file a detailed response. While emphasising that patient care is paramount and there can be no compromise on doctors' duty hours, the Tribunal underlined that punitive action must follow due process.
Significantly, the Tribunal noted that in a similar matter (O.A 1119/2025), the CAT Jammu Bench had stayed the ban order, but it declined to pass the same relief in Dr. Kamal's case. "Keeping in view the allegations levelled, the health care involved, and the need to curb the menace of private practice by Government doctors during duty hours, we are not inclined to pass the same order," the Bench observed.
The Registry has been directed to serve copies of the order to the Chief Secretary, UT of J&K, and the Commissioner Secretary, Health and Medical Education Department, for necessary action. The case will be heard again on September 23, 2025. (JNF) |
