MS District hospital Shopian attached for failing to take action against illegal occupant of fair price medical shop

DC constitutes enquiry committee, directs them to submit report within 15 days

Shopian, Mar 07 (KS) District Magistrate Shopian has attached Medical Superintendent District Hospital Shopian for failing to take action against illegal occupant of Fair Price Medical Shop even as a committee has been constituted to enquire the matter and have been directed to submit report within 15 days.

As per an order issued by District Magistrate Shopian,a copy of which lies with the Kashmir Scroll that a fair-price Medical shop was allotted to Amir Medical Store in the premises of District Hospital Shopian on 12.09.2012 as highest bidder for Rs 51.01 Lac. The said owner deposited an amount of Rs. 29.50 Lac only and to avoid the payment of the balance amount to the tune of Rs. 21.505 Lac preferred a writ petition before the Hon’ble High of J&K at Srinagar, and while filing objections in the said case, the Medical Superintendent DH, Shopian concealed the facts and the offender managed to get stay order regarding the implementation of the recovery notices served to him.

“The said Fair-price shop completed its term of five years on 12.09.2017 and the said Medical Superintendent nor his predecessors have even bothered to serve merely a single eviction notice till date, but have been rather allowing running of the said shop illegally and un-authorizedly beyond the expiry period, as per Govt. order No. 492-HME of 2008 dated: 17.06.2008, the allotment of Medical shops etc can be extended upto six more years on the basis of performance to be vouched for, by the Medical Superintendent/Chief Medical Officer and duly countersigned by the respective Head of Department i.c. Director Health Service or Principal as the case may be, but no such procedure has been adopted, instead the then Medical Superintendent has favored the illegally run medical shop for being run by a close relative of the present Medical Superintendent, thereby raising conflict of interest, the said balance amount to the tune of Rs. 21.505 Lac is still pending for deposition amid running the said Medical store illegally and un-authorizedly beyond the expiry term (i.e. post 12.09.2017) without any extension order, thereby causing huge loss to the Government exchequer.” Reads the order.

“Whereas, the officer being close relative to the owners of the said shop somehow managed to get the charge of Medical Superintendent, DH Shopian to give undue advantage to his relatives, to prevent further illegal running of the said business involving precious human lives in government premises, the District Administration Shopian attempted to evict the said illegal occupant number of occasions, but the said offender with the assistance of the Medical Superintendent tactfully deceived the Government by preferring writ petitions one after the other before the Hon’ble High Court of and Ladakh at Srinagar and staying the eviction notices on one pretext or the other, the Jan Aushadi Kendra located in DH, Shopian has become defunct under the maladministration of the said Officer.” Order reads further.

“Whereas under section 3 of the J&K Public Premises (Eviction of Un-authorized Occupants) Act 1988, the Medical Superintendent being the estate officer of DH Shopian has never bothered to put the illegal occupant to notice, thereby helping them to loot the government exchequer, Whereas, vide no. DMS/ADM-PS/22/2791-94; dated: 16.12.2022, the officer was directed to explain his position as to why action under rules may not be initiated against him for not taking any step to stop the running of the illegal fair-price shop within the premise of District Hospital, Shopian, the officer has stated that the incumbent MS District Hospital, Shopian has also been arrayed as party respondent at s. no. 06 in WP(C) No. 2911/2022 as such the officer was not able to initiate any proceedings against the illegal occupant, but the question is that prior to the issuance of order dated: 15.12.2022 followed by notice dated: 16.12.2022 by the Executive Magistrate 1″ Class Shopian, why the Medical Superintendent, DH Shopian being the Estate Officer of District Hospital Shopian has not taken any action against the illegal occupant of Fair Price Medical Shop.” It reads further.

“Whereas, perusal of the reports submitted by the said officer to different quarters including the undersigned, it came to the fore that the issue of expiry of the contract term in respect of the illegally run Medical shop has never been raised anywhere, thereby concealed the facts related to the matter which is unbecoming of a government employee and invites disciplinary action against the erring officer, tthe failure of the officer to meet the expectations of his role as Medical Superintendent has been documented on several occasions., however, despite efforts, the officer has failed to improve and this has had a negative impact on the quality of patient care and management of financial affairs of the institute.” Order reads.

“Whereas, the negligence of the officer in the management of hospital resources has resulted in a significant financial loss to the state exchequer. We take this matter very seriously as it goes against the principles of good governance and the proper use of public resources. His actions have not only caused financial damage, but they have also put the health and safety of the patients at risk.” It states further

“In the circumstantial background, due to his failure to perform duties outlined in his job description and as required by law, pending enquiry into the conduct and performance of the officer, Sh. Khalid Abass Medical Superintendent, Shopian is hereby attached with this office and the Deputy Chief Medical Officer, Shopian shall discharge the functions of Medical superintendent DH, Shopian till further orders.” Order reads.

The enquiry committee as per order shall comprise of Additional District Magistrate, Shopian, Chief Medical Officer, Shopian, Accounts Officer with Deputy Commissioner, Shopian and District Litigation Officer, Shopian.

“The committee shall submit its findings/report with cogent recommendations within 15 days from the date of issuance of this order.” It reads further.