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Gujarat High Court dismisses doctor's plea against transfer from Civil Hospital

The court termed the allegations, complaints, and representations, made by the doctor against Civil Hospital administration, as "reckless" and "without any documentary proof"

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The Gujarat High Court has dismissed a plea filed by a government medical officer, who had moved to court against his transfer from Civil Hospital, Ahmedabad, to Government Hospital, Savarkundla. The doctor—Maheshkumar Kapadia—had alleged that he was being made a scapegoat and victimised since he had raised his voice against the mismanagement, poor administration, and irregularities prevalent in Civil Hospital. Kapadia had also threatened to commit suicide due to the alleged "harassment" faced by him.

The petition was dismissed by the division bench of Acting Chief Justice AS Dave and Justice Biren Vaishnav. The court termed the allegations, complaints, and representations, made by the doctor against Civil Hospital administration, including its superintendent MM Prabhakar, as "reckless" and "without any documentary proof". The court also held that the transfer of the petitioner was within the four corners of law and qualified staff was required for the Savarkundla Hospital for providing medical services.

When the petition was dismissed, the petitioner submitted that he had already accepted his transfer and working in Savarkundla since a year. He sought that he be allowed to make a representation to the authorities for his transfer citing ailing family members. The court ordered that the authorities may consider his representation, provided he assures to follow strict discipline in performing his duties without indulging into unnecessary activities.

The doctor was transferred to Savarkundla on April 4, 2018. He challenged the same before a single-judge bench of high court, which upheld his transfer order and rejected his plea. The single-judge's order was challenged before the division bench, which also rejected Kapadia's contentions.

He claimed that he had made a representation on February 20, 2018, mentioning the illegalities in award of contracts, outsourcing of certain services so to favour certain parties or persons. However, his arguments fell flat as he could not substantiate them with proper documents.

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