Thounaojam Chandrakumar v. The State of Manipur

BEFORE HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR

11.07.2022 By way of this petition filed under Section 482 Cr.P.C., the petitioner, a doctor by profession, seeks quashing of FIR No. 12(12) 2020 on the file of Tamenglong Police Station, registered against him under Section 56 of the Disaster Management Act, 2005 and Section 188 I.P.C. By order dated 15.01.2021, this Court granted interim stay of further proceedings pursuant to the impugned F.I.R. This order was extended thereafter from time to time till 13.09.2021, but there was no extension after that date. However, this Court is informed that the police authorities are continuing to honour it out of deference to the pendency of this case. Heard Mr. O. Kiranjit, learned counsel for the petitioner, and Mr. Kh. Athouba, learned PP, appearing for the State. 2 The petitioner entered the service of the Health Department, Government of Manipur, as a Medical Officer (MHS Grade-IV), vide appointment order dated 12.02.2015. He was thereafter recruited directly to the post of Specialist (MHS Grade-III), vide order dated 04.08.2016. He joined service as a Specialist (MHS Grade-III) on 06.08.2016. Prior thereto, he was sponsored to undergo M.Ch (Neurosurgery) course at All India Institute of Medical Sciences, New Delhi, on 09.03.2016. By order dated 13.06.2016, he was released from service w.e.f. 01.07.2016 to undergo the said course. At that time, he was granted study leave for a period of 1 Year from 07.08.2016 to 06.08.2017. He completed his course and was issued Provisional Certificate dated 23.07.2019 by All India Institute of Medical Sciences, New Delhi, certifying that he had passed M.Ch (Neurosurgery) course in the first attempt in May, 2019. He thereafter returned to the State of Manipur and joined at his former place of posting, i.e., District Hospital, Tamenglong, on 01.08.2019. He claims to have approached the authorities concerned seeking posting in accordance with his specialty but to no avail. Thereupon, he submitted representation dated

01.06.2020 to the Director, Health Services, Government of Manipur, requesting for suitable posting as per his specialty, viz., Neurosurgery. Be it noted that this representation was made by him after the onset of the Covid-19 pandemic in the country during March, 2020. It is, however, an admitted fact that he stopped attending duty at the District Hospital, Tamenglong, from February, 2020 itself. He was paid salary up to the end of July, 2020. The petitioner had an accident at his residence during December, 2020, whereby he suffered a knee injury and was advised rest for 30 days. The Medical Certificate dated 16.12.2020 bears 3 out this fact. While so, Show-cause Notice dated 17.12.2020 was issued to the petitioner by the Deputy Commissioner, Tamenglong, calling upon him to report either to the Chief Medical Officer, Tamenglong District, or to himself, failing which action was to be taken as per law. This Show-cause Notice was issued in the milieu of invocation of the provisions of the Disaster Management Act, 2005, and more particularly, Section 56 thereof, which rendered any officer, on whom any duty had been imposed, either refusing to perform or withdrawing himself from such duty, without obtaining express written permission of a superior for so doing, liable to be punished with imprisonment for a term which may extend to one year or with fine. Thereupon, the petitioner submitted his request for leave on medical grounds, vide application dated 19.12.2020 addressed to the Director, Manipur Health Services, Imphal. This application was made, citing the petitioner’s knee injury and the rest advised therefor. He also submitted reply dated 22.12.2020 the Show-cause Notice, informing the Deputy Commissioner, Tamenglong, of his knee injury and stating that his absence at the present place of posting was not out of willful negligence. He also stated that he would be joining at the new place of posting as soon as possible. It is at this stage that the impugned F.I.R was registered against the petitioner. It appears that the petitioner was suspended from service, vide order dated 04.03.2021. However, this suspension order was revoked on 29.04.2022 by the Deputy Secretary (Health & FW), Government of Manipur, under orders of the Governor, State of Manipur. A copy of the said order is placed on record and the same reflects that in exercise of power conferred by Rule 10(5) of the CCS(CCA) Rules, 1965, the Governor of Manipur revoked the suspension order 4 dated 04.03.2021 passed against the petitioner with immediate effect with the warning that he should attend his duties regularly henceforth and ensure that NPA norms were not violated. The order also reflects posting of the petitioner as a Specialist (Surgery) at the District Hospital, Bishnupur. The petitioner joined as such on 06.05.2022 at the District Hospital, Bishnupur, and the same is borne out by the Report dated 08.06.2022 addressed by the Medical Superintendent, District Hospital, Bishnupur, to the Director of Health Services, Manipur. In the light of the aforestated facts, it is clear that the petitioner was released from service, w.e.f. 01.07.2016, to undergo M.Ch.(Neurosurgery) course at New Delhi but there was no official order, whereby he was allowed to rejoin service after completing the course. Despite the same, it appears that he did so at the District Hospital, Tamenglong, and continued to attend to his duties till February, 2020. He seems to have stopped attending the hospital even before the onset of Covid-19 pandemic in mid-March, 2020. He was however paid salary till the end of July, 2020. Therefore, by the time the Show-cause Notice was issued to him in December, 2020, he was not even being paid salary. Significantly, no order was issued as to his posting despite his request for the same in June, 2020. There is no material placed on record to doubt the claim of the petitioner that he suffered a knee injury during December, 2020, and was advised rest. The fact that the petitioner was never issued any specific joining or posting order, after he returned to Manipur upon completion of his M.Ch (Neurosurgery) course, weighs in his favour. Having failed to issue appropriate orders in that regard and having stopped payment of his salary after July, 2020, 5 the medical authorities of the State had no right to penalize him for failing to report for duty. Though he was thereafter placed under suspension during March, 2021, the suspension was also revoked in April, 2022, unconditionally, giving him a proper posting order for the first time. Given the totality of the aforestated circumstances and the fact that the offences alleged against the petitioner are not of a heinous nature, entailing severe punishment, this Court is of the opinion that no purpose would be served by allowing the authorities concerned to undertake further investigation pursuant to the impugned F.I.R. and take matters forward to conclusion. The resources of the State and the police authorities would be better utilized in concentrating upon more serious offences. Further, no purpose would be served by incarcerating a medical professional at this stage, when onset of another wave of the pandemic cannot be ruled out. The Criminal Petition is accordingly allowed, quashing F.I.R. No. 12(12) 2020 on the file of Tamenglong Police Station, registered against the petitioner under Section 56 of the Disaster Management Act, 2005 and Section 188 IPC, and other proceedings, if any, based thereon. Indrajeet CHIEF JUSTICE