Bhagwanraoji Chate

ýý ØãìÀŠÌã¾ãà ¼ãØãÌãã¶ãÀãÌã Þãã›ñ ýý

½ããèÞã ½ã•ãÊãã Íããñ£ããè¦ã ‚ãÔã¦ãã ãäªÍãã ‡ãŠãñ¥ã¦ããè ¹ããÖî?

ºããÌãÀÊãñʾãã Ìãã›ÔãÀŠâ¶ãã ‡ãŠã ½ããØãà ¹ãìÔ㥾ãã •ãã„Š?

            ÔÌã¾ãâ¼ãî Êããñ‡ãŠãâÞãñ •ããèÌã¶ã ‚ãÔãñ ÌãÀãèÊã ÀÞã¶ãñ¦ãì¶ã ¹ãƇ㊛ Öãñ¦ãñ. ½ãã¢ãñ ÍããÊãñ¾ã ãäÍãàã‡ãŠ ÔÌãØãÃÌããÔããè ¼ãØãÌãã¶ãÀãÌã•ããè Þãã›ñ ¾ããâÞ¾ãã •ããèÌã¶ã ¹ãÆÌããÔããÞãñ ÌãÀãèÊã ÀÞã¶ãñ¦ãî¶ã Þã¹ãŒãÊã Ìã¥ãö㠇ãŠñÊãñ •ãã„Š Íã‡ãŠ¦ãñ.

            ½ãÊãã ‚ããŸÌã¦ãñ, ½ã㢾ãã ÍããÊãñ¾ã •ããèÌã¶ãã¦ã ÞããÀ ãä¼ãâ¦ããèÞ¾ãã ÌãØããæ㠹ãŠãÀ;ãã ¶ã À½ã¥ãã-¾ãã ãäÌã²ã㩾ããÃâ¹ãõ‡ãŠãè ½ããè †‡ãŠ. Ôã¦ã¦ã ¶ãÌã¶ãÌããè¶ã ¹ãìÔ¦ã‡ãŠñ ÌããÞã¥ãñ, ‚ã¼¾ããÔã‡ãÆŠ½ãã ̾ããä¦ããäÀ‡ã‹¦ã ºããÖñÀãèÊã •ãØãã¦ã ¡ãñ‡ãŠãÌã¦ã ÔÌã¦ã:Êãã Ôã¦ã¦ã ̾ã‡ã‹¦ã ‡ãŠÀ¥¾ããÞããè †‡ãŠ ÌãñØãßãèÞã ÖãõÔã. ƒ¾ã¦¦ãã ¶ãÌãÌããè¦ã ‚ãÔã¦ããâ¶ãã †‡ãŠñ ãäªÌãÍããè Þãã›ñ ÔãÀãâ¶ããè ãäÍãàã‡ãŠ ‡ãŠàãã¦ã ºããñÊããÌãî¶ã Üãñ¦ãÊãñ ‚ãããä¥ã Öã¦ãã¦ã ÌãÖãè ªñ¦ã ÌãñØãÌãñØãßãè Øã¥ããè¦ãñ Ôããñ¡Ì㥾ããÔã ÔããâãäØã¦ãÊãñ. ¹ãÖãèÊããè ªÖã-ºããÀã „ªãÖÀ¥ãñ ãäÊãÊã¾ãã Ôããñ¡Ìãʾãã¶ãâ¦ãÀ ¹ãì¤ãèÊã „ªãÖÀ¥ããâÔããŸãè ½ãã¨ã ª½ãœã‡ãŠ ÌÖã¾ãÊãã ÊããØãÊããè. ‚ãã¹ãʾãã ŒããÔã ÍãõÊããè¦ã ¦¾ããâ¶ããè ½ãÊãã Ôã½ã•ããÌãÊãñ, ¦ãî ÔÌã¦ã:Êãã समजतोस ¦ãñÌÖ¤ã ÍãÖã¥ãã ¶ããÖãèÔã. ‡ãŠ£ããè ‡ãŠìŸÊ¾ãã ØããñÓ›ãèÊãã ¹ãÆã£ã㶾㠲ãã¾ãÞãñ ¾ããÞããè ¦ãìÊãã ‚ã•ãî¶ã ‚ã‡ã‹‡ãŠÊã ‚ããÊãñÊããè ¶ããÖãè. ƒ¦ãÀ ØããñÓ›ãèâ¶ãã •ããñ Ìãñß ªñ¦ããñÔã ¦ããñ ‚ãã¦ãã ‚ã¼¾ããÔããÊãã ªñ¥ãñ ‚ããÌã;ã‡ãŠ आहे, ¶ããÖãè¦ãÀ •ã¶½ã¼ãÀ À¡¦ã ºãÔãÍããèÊã. ÌãñßñÞ¾ãã ãä¶ã¾ããñ•ã¶ããÞãã ¹ããäÖÊãã £ã¡ã ½ãÊãã Þãã›ñ ØãìÀŠ•ããèâ¶ããè ãäªÊãã. ½ãÊãã ¾ãã ¼ããÓãñ¦ã ‡ãŠãñ¥ããèÖãè ºããñÊãÊãñ ¶ãÌÖ¦ãñ. ÌãÀŠ¶ã ¦¾ããâ¶ããè ½ãÊãã „ØããÞãÞã Ôãì¶ããÌãÊãñ, ½ããè ¦ã좾ãã ºãã¹ããÊãã ÜããºãÀ¦ã ¶ããÖãè. ½ãÊãã त्यांच्या ¦¾ãã Ôãì¶ããÌ㥾ããÞãã ‡ãŠãÖãèÞã Ôã⪼ãà ÊããØãÊãã ¶ããÖãè.

            ‡ãŠãñ¥ããÞ¾ããÖãè ºãã¹ããÊãã ¶ã ÜããºãÀ¥ããÀã Öã ½ãã¥ãîÔã ‚ãã½ãÞããè ªÖãÌããèÞããè ¹ãÀãèàãã Öãñ¦ããÞã ¶ããñ‡ãŠÀãèÞãã Àã•ããè¶ãã½ãã ªñ„Š¶ã ½ããñ‡ãŠßã ¢ããÊãã. ‚ãã½ãÞããè ½Ö¥ã•ãñ ½ãã¢ããè Ìã Þãã›ñ ØãìÀŠ•ããèâÞ¾ãã ½ãìÊããÞããè ã䪹ã‡ãŠÞããè.

            ½ãÊãã ÌãñßñÞãñ ãä¶ã¾ããñ•ã¶ã ãäÍã‡ãŠÌã¥ãã-¾ãã ØãìÀŠ•ããèâÞãñ ‚ãã¾ãìÓ¾ããÞãñ ãä¶ã¾ããñ•ã¶ã ½ãã¨ã ©ã‡ã‹‡ãŠ ‡ãŠÀ¥ããÀñ Öãñ¦ãñ. ½ããñŸ¾ãã ½ãìÊããÞããè ªÖãÌããèÞããè ¹ãÀãèàãã Öãñ¦ããÞã ¶ããñ‡ãŠÀãèÞãã Àã•ããè¶ãã½ãã ªñ¥ãã-¾ãã ØãìÀŠ•ããèâ¶ããè Ìããä‡ãŠÊããè ̾ãÌãÔãã¾ããÞããè ÔãìÀŠÌãã¦ã ‡ãŠÀ¥¾ããÞããè ¼ã‡ã‹‡ãŠ½ã ¦ã¾ããÀãè ¦ãÀ ‡ãŠñÊããè Öãñ¦ããèÞã, ¹ãÀâ¦ãì ¹ãì¤Þ¾ããÞã ÌãÓããèà ‚ãֽ㪹ãîÀ ¶ãØãÀ ¹ããÊããè‡ãŠñ¦ã ÔãÌãããããè‡ãŠ ½ã¦ããâ¶ããè ãäÌã•ã¾ããè Öãñ¥¾ããÞãã ¹ãÀã‡ãÆŠ½ã ¦¾ããâ¶ããè ‡ãŠñÊãã. ÞããâØãʾãã ¶ããñ‡ãŠÀãèÞãã ‚ã‡ãŠãÊããè Àã•ããè¶ãã½ãã ªñ¦ã, ¹ãÀÌ㡦㠶ããÖãè ½Ö¥ãî¶ã ØããÌããÞ¾ãã ÍãñÌã›Þ¾ãã ›ãñ‡ãŠãÌãÀ •ããØãã Üãñ¦ã ÜãÀ ºããâ£ã¥ãã-¾ãã ØãìÀŠ•ããèâ¶ããè ‚ãŒŒ¾ãã Ìãã¡ãæããèÊã •ã¶ã¦ãñÞ¾ãã ½ã¶ãã¦ã ‡ãŠ£ããè ÜãÀ ‡ãŠñÊãñ ¦ãñ ¼ãʾãã¼ãʾããâ¶ãã Ôã½ã•ãÊãñ ¶ããÖãè.

            ‡ãŠñÌãß ¶ãØãÀÔãñÌã‡ãŠ¹ãªãÌãÀ Ôãâ¦ãîÓ› Öãñ¦ããèÊã ¦ãñ Þãã›ñ ØãìÀŠ•ããè ‡ãŠÔãÊãñ. ¦¾ããâ¶ããè ¦¾ããÌãñßãè Ô©ãã¶ããè‡ãŠ ÔÌãÀ㕾ã ÔãâÔ©ãã ½ã¦ãªãÀ ÔãâÜãã¦ãî¶ã ãäÌã£ãã¶ã ¹ããäÀÓãªñÞããè ãä¶ãÌã¡¥ãî‡ãŠÖãè Êã¤ÌãÊããè. Øãß¾ãã¦ã Íãºã¶ã½ã ‚㡇ãŠÌãî¶ã ¹ããäÀÌãֶ㠽ãÖã½ãâ¡ßãÞ¾ãã ºãÔã¶ãñ ¹ãÆÌããÔã ‡ãŠÀ¦ã ãäÌã£ãã¶ã ¹ããäÀÓ㪠ãä¶ãÌã¡¥ãî‡ãŠ Êã¤Ìã¥ããÀã Öã Êã¤Ìã¾¾ãã ãäÌãÀãßãÞã. ØãìÀŠ•ããèâÞ¾ãã Êã¤Ìã¾¾ãã Ìãð¦¦ããèÞãñ ²ããñ¦ã‡ãŠ ãä½ãÀÌã¥ããÀã †‡ãŠ ¹ãŠÊã‡ãŠ ¦¾ããâ¶ããè ‡ãŠã¾ããÃÊã¾ããÌãÀ ÊããÌãÊãã Öãñ¦ãã. “¼ãØãÌãã¶ãÀãÌã Þãã›ñ, †‡ãŠ •ã¶ã ‚ãâªãñÊã¶ã.”

            ØãìÀŠ•ããè खरोखर  †‡ãŠ •ã¶ã‚ãâªãñÊã¶ã Öãñ¦ãñ. ½ã㢾ãã ãäÌã²ãã©ããèà ªÍãñ¦ã ¹ãªÌããè ãäÍãàã¥ã Üãñ¦ãã¶ãã ½ããè ãäÌã²ãã©ããèà ¹ããäÀÓãªñÞãñ ‡ãŠã½ã ‡ãŠÀ¦ã ‚ãÔãñ. ãäÌã²ãã©ããèà ¶ãñ¦ãã ½Ö¥ãî¶ã ÞããâØãÊããèÞã ‚ããñߌãÖãè ãä¶ã½ããå㠇ãŠñÊããè Öãñ¦ããè. †‡ãŠªã ØãìÀŠ•ããè ½ãã¢ãñ Ìããä¡ÊããâÞãñ ‡ãŠã¾ããÃÊã¾ãã¦ã ºãÔãÊãñ ‚ãÔã¦ãã ºããñÊã¦ã ºããñÊã¦ã ¦¾ããâ¶ããè ½ãÊãã ÔããâãäØã¦ãÊãñ ½ã¶ãã¦ã ¾ãñƒÃÊã ¦ãñâÌÖã ¦ããÔãã¼ãÀã¦ã ¹ããÞã-Ôãã¦ãÍãñ ½ãã¥ãÔããâÞãã ½ããñÞããà ‡ãŠã¤ã¾ãÞããè ¦ãã‡ãŠª ‚ãÔãñÊã ¦ããñ ŒãÀã ¶ãñ¦ãã. ½ããè ¦¾ããâ¶ãã ÔãÖ•ã ãä¡ÌãÞãÊãñ, ‚ã‡ãŠÀã Ìãã•ã¦ããÖñ¦ã, ªãñ¶ã Ìãã•ãñ¹ã¾ãÃâ¦ã ¦ãÖÔããèÊãÌãÀ ½ããñÞããà ‡ãŠã¤ãÊã? ÞããÀ Ìãã•ã¦ãã ØãìÀŠ•ããèÞãã ½ãã¥ãîÔã ½ããñ›ÀÔãã¾ã‡ãŠÊãÌãÀ ½ãÊãã Üãñ¥¾ããÔã ‚ããÊãã. ØãìÀŠ•ããèâ¶ããè ¦ãÖÔããèÊãÌãÀ ¹ããÞã-Ôãã¦ãÍãñ Êããñ‡ãŠãâÞãã ½ããñÞããà ‚ãã¥ãÊãã Öãñ¦ãã!

            ½ã㢾ãã Ìããä¡Êããâ¶ããè ̾ããÌãÔãã¾ããè‡ãŠ ¦ã¹ãÍÞã¾ãñæãî¶ã †‡ãŠ ªÀãÀã ãä¶ã½ããå㠇ãŠñÊãã होता. ¦¾ããâÞãñÍããè ÔãâÌã㪠Ôãã£ã¥ãñ ‡ãŠ£ããèÞã Ôããñ¹ãñ ¶ãÌÖ¦ãñ. ØãìÀŠ•ããè ½ãã¨ã Ìãã›ñÊã ¦ãñâÌÖã ÜãÀãè £ã¡‡ãŠ¦ã ‚ãããä¥ã ¹ãŠ½ããöã Ôãñ㡦ã, ¹ãã›ãèÊã, †‡ãŠ ªãÌãã ‡ãŠÀã¾ãÞãã¾ã, ¹ãñ¹ãÀ ‚ãã¥ãÊãñ¦ã. ªãÌãã ÔããâØã, .‚ãã¾ãìÓ¾ã¼ãÀ ãäÌã²ãã©ããèà ‚ãÔã¥ãñ ½Ö¥ã•ãñ ‡ãŠã¾ã ¦ãñ ¦¾ããâ¶ããè ¹ãƦ¾ãàã ªãŒãÌãî¶ã ãäªÊãñ.

            ½ãã¢ãñ Ìããä¡Êããâ¶ãã †‡ãŠñÀãè ºããñÊã¥ããÀã †‡ãŠ½ãñÌã ½ãã¥ãîÔã ½Ö¥ã•ãñ ØãìÀŠ•ããè. ¦ãñ खरोखर  ½ãã¢ãñ ºãã¹ããÊã㠇㊣ããèÖãè ÜããºãÀÊãñ ¶ããÖãè¦ã. गुरुजींच्या जाण्याने माझ्या वडिलांनी त्यांचा अतिशय जवळचा मित्र गमावला.

            ØãìÀŠ•ããèâÞ¾ãã ÔãâÜãÓãýã¾ã ‚ãã¾ãìÓ¾ããÊãã Œã-¾ãã ‚ã©ããöãñ ¹ãŠìÊãÌãÊãñ ¦ãñ ‡ãŠã‡ãŠîâ¶ããè. ¦¾ããâÞ¾ãã ‚ãã£ããÀããäÍãÌãã¾ã ØãìÀŠ•ããè ‡ãŠªãÞããè¦ã Öñ •ãØããÌãñØãßñ Í㺪Íã: ¼ã¶¸ãã› ‚ãã¾ãìӾ㠕ãØãî Íã‡ãŠÊãñ ¶ãÔã¦ãñ. ¦¾ãã ½ãã„ŠÊããèÊãã Íã¦ã:Íã: ¹ãƽãã¥ã.

            ØãìÀŠâÞ¾ãã ºããºã¦ããè¦ã ½ããè ¼ãÊã¦ããÞã ¶ãÍããèºãÌãã¶ã ‚ããÖñ. ŒãÀñ ¦ãÀ ½ãã¢ããè Øãì¥ã¦ããÊããè‡ãŠã ‚ãããä¥ã मलाãä½ãߥããÀñ ãäÍãàã‡ãŠ ¦ã©ãã ØãìÀŠâÞãñ ¹ãÆñ½ã ¾ããâÞãã Øããä¥ã¦ããè ãäÖÍããñºã ‡ãŠìŸñÞã •ãîߦ㠶ããÖãè, ¹ãÀâ¦ãì ØãìÀŠ ¹ãÆñ½ããÞãñ Œãã¦ãñ Ôãâ¹ã¶¸ã ‚ãÔãñÊã ¦ãÀ ¹ãÆñ½ã, ¹ãÆãä¦ãÓŸã ‚ãããä¥ã ¹ãõÔãã ãä½ãߥ¾ããÔããŸãè Ôã›ÌããƒÃÞ¾ãã ÊãÊãã› ÊãñŒããÞããè ØãÀ•ã ¶ãÔã¦ãñ. ÍããÊãñ¾ã •ããèÌã¶ãã¹ããÔãî¶ã ̾ããÌãÔãã¾ããè‡ãŠ ØãìÀŠ¹ã¾ãæ㠽ããè ÔãªõÌã ¼ããؾãÌãã¶ã ÀãÖãèÊããñ ‚ããÖñ. ½ãã¢ãñ ‚ãã•ãÞãñ ‚ããäÔ¦ã¦Ìãã¦ã ¾ãã ÔãÌãà ØãìÀŠâÞãñ ¾ããñØãªã¶ã Œãî¹ã ½ããñŸñ ‚ããÖñ. ¾ãã¦ã Þãã›ñ ØãìÀŠ•ããèâÞãã •ããèÌã¶ã¹ã›Þã ½ã㢾ããÔããŸãè †‡ãŠ ‚ã¼¾ããÔã ØãÆâ©ã ºã¶ãî¶ã ÀãÖãèÊãã ‚ããÖñ.

            ‚ãã•ã ¦¾ããâÞ¾ãã Ô½ãÀ¥ãã䪶ããè ½ããè ØããÌããè ¾ãñ„Š Íã‡ãŠÊããñ ¶ããÖãè, ½ãã¨ã •ãñâÌÖã ‡ãŠñâÌÖã ØããÌãã¦ã ¹ãÆÌãñÍã ‡ãŠÀñÊã ¦ãñâÌÖã ¶ã‡ãŠß¦ãÞã ‡ãŠãñ›ãà Ôã½ããñÀãèÊã ½ãÍããèªãèÞ¾ãã ºãã•ãîÊãã ¦ããñ ¹ãŠÊã‡ãŠ Íããñ£ã¥¾ããÔããŸãè ¶ã•ãÀ £ãìâ¡ãßñÊã, “¼ãØãÌãã¶ãÀãÌã Þãã›ñ, †‡ãŠ •ã¶ã ‚ãâªãñÊã¶ã”

 ãä½ãÊããè⪠¹ãã›ãèÊã,

‚ãù¡ÌÖãñ‡ãŠñ›, ‚ããõÀâØããºããª.

VAKILSAHEB

If disclosing price of loaded Rafel aircraft can help enemy to know tech details, how secrecy can be maintained by involving Ambani & 200 other pvt players? Stop playing insane. Magic of Demonetisation has already destroyed entrepreneurs. Defense is not for employment generation.
VAKILSAHEB

DSB appointments and increments of Teachers in Medical Colleges in Maharashtra

DSB appointments and increments

            DSB appointments in the medical colleges run by the State of Maharashtra were effected in absence of any move by the State to fill in the vacant posts through MPSC and to address the need of the hour. However, the Government had followed all the norms as applicable to regular appointments including maintaining reservations as per the roaster. Presently the services are removed from the purview of MPSC.

            It is pertinent to note that all the appointments effected by the DSB are in pay scale. Rule 9(55)(a) of the MCS Pay Rules 1981 defines time scale pay as a pay which rises by periodical increments.

            Other relevant rules governing pay on ad-hoc officiating a post are to be interpreted with the conditions prescribed by those rules on individual assessment of service of concerned employee; however, in view of various government resolutions providing policy decisions of the State to extend benefit of increments to all ad-hoc employees officiating on pay scale, the stringent conditions stand diluted.

            The aspect of legality of ad-hoc appointments by the Government is concluded by the honourable Constitution Bench of the honourable Supreme Court of India in the case of Secretary, State of Karnataka versus Uma Devi and others. The honourable constitutional bench has consciously distinguished irregular appointments and illegal appointments. The appointments made by an agency, not provided by the recruitment rules, if are otherwise effected by following all the procedure provided for such recruitment, are held as irregular and not illegal and a direction to regularize services of these employees is issued to all the states.

            In the case of Teachers in Medical Colleges, the aspect of legality of  appointments of ad-hoc Teachers in medical colleges and their entitlement was considered by the MAT, firstly, in the case of Dr. Anil Sakhare and it was held that he was entitled to claim the benefit of increments and leave. This decision was never challenged by the State. Considering the said fact, in the case of Dr. Satyanarayan Punpale, the challenge raised by the State to similar order passed by the  MAT was dismissed. In the meanwhile, same issue was carried by the State in the case of Dr. Sangita Phatale, to honourable Supreme Court. The said challenge is rejected by the honourable Supreme Court. Thereafter, the right of DSB appointees to increments and leave benefits is consistently protected by various judicial pronouncements and in given cases such appointees are even regularized in services by judicial orders.  

            Thus, it is crystal clear that, even an employee appointed by the DSB is entitled for increments and leave benefits unless his appointment is shown as a backdoor entry and breaks in service were actual physical loss of service and not paper breaks.

            Thus, DSB employees appointed on pay scale are very well entitled for increments.

Milind Patil

VAKILSAHEB

VAKILSAHEB

Medical negligence and deficiency in service by Kamal Nayan Bajaj Hospital at Aurangabad.

Here are some extracts of a judgment of the honourable District Consumer forum, Aurangabad. The honourable consumer forum has confirmed deficiency in service based on the facts, which are, in fact, acts of serious medical negligence. The Doctors are absolved of medical negligence.   

Extracts –

It is undisputed that the deceased was admitted in the hospital i.e. respondent No.1 on 11.01.2009 for Coronery Artery Bypass Graft (CABG). The CABG surgery was performed on 12.01.2009. Complainants allege that the patient died because the surgeon i.e respondent No. 2 bungled the surgery. Thus according to the complainants, the respondent No.2 has done something wrong while doing the surgery and as a consequence the patient died. The relevant documents which touches to this dispute are the operation note, Perfusion Data sheet and various other papers.

Our observations in the matter are as follows:

2. In reply to the complainants’ demand for the CD recording of operation procedure, the respondent No.1 vide their letter dated 17.1.2009 has replied that normally operation CD is not made and hence that could not be given. This reply leaves scope to draw an inference that in specific situation only the CD of actual operation is taken. Respondent No.2 did not explain in detail as to why then the present case does not fit into such situation or how it was a normal situation calling for not taking the CD.

4. According to the operation note, the operation team consists of respondent No.2 as surgeon and two anesthetists. Perfusionist also form part of operation team. But his name is not seen on operation note.

There is no mention of cardiologist or assistant surgeon. CABG of 75 years old patient is a high risk and major operation. Respondent though says that the cardiologist was present, the operation note does not speak of cardiologist being present there from the beginning of operation. We find substance in the allegations of complainants that the cardiologist was called only when situation of emergency occurred during the operation. However, a physician/cardiologist has no role to play once the heart of patient is opened. Thereafter it is for the surgeon and anaesthetist to deal with the patient.

5. The fees taken by the respondent No.1 hospital also includes the charges of assistant surgeon. But in the present case, there is no presence of assistant surgeon as can be seen from the contents of operation note.

An operation which is complicated and requiring stay in OT for 8-9 hours done without presence of a qualified assistant surgeon is a grave negligence on the part of respondent No.1 hospital for not providing the assistant surgeon and respondent No.2 for performing such a operation without assistant surgeon. It is noteworthy that the charges taken from the complainants also include the fees of assistant surgeon. On this count also, it is deficiency in service of respondent No.1 hospital in not providing the assistant surgeon during the operation process and respondent No.2 for doing the surgery without the assistance of Assistant Surgeon.

6.  “Operation Note” is a document which describes as to what happened during the surgery and in the operation theatre. The ‘Findings’ part of the note read that the LAD was intramyocardical and could not be found even after extensive dissection and that all coronaries were intramyocardial badly diseased . An intramyocardial course of the LAD artery is relatively common in patients undergoing CABG and poses a challenge in bypass grafting. There are techniques to address this anatomical variation when it is encountered at surgery. In fact, the patient under goes CABG because of blockages in arteries. Therefore these findings are obvious in patient going for CABG.

7. Arrhythmias are also common complication after cardiac surgery. In the present case the heart of the patient had arrhythmias and ventricular tachycardia. Heart arrhythmias, are commonly called rhythm problem. It occurs when the electrical impulses that coordinates heartbeat, do not work properly causing the heart to beat too fast or too slow or irregularly. Sustained ventricular tachycardia prevents the ventricles from filling adequately consequently the heart cannot pump the blood normally, resulting in loss of BP, loss of consciousness and heart failure. There is no mention as to at what time this happened during the surgery. How long the ventricular tachycardia sustained is also not mentioned in the operation note. We correlate this timing with the calling of the cardiologist at about 12.30 pm as noticed by the complainants with some alleged hectic activities in OT. According to the operation note, the problem was solved by giving a Direct Current shock and operation was continued thereafter. The operation note further says that after a short while the blood pressure of the patient was dropped with ECG changes. Timing of this incident too was not noted. BP reading is also not mentioned. However, the operation continued thereafter and the operation note ends with a mention that “Patient shifted to ICU with poor Haemodynamics and high doses of inotropes. Poor general condition informed to relatives.” There is no mention of timing on the operation note as to when the patient was shifted to ICU. This coupled with not mentioning the timing of Heart arrhythmias & ventricular tachycardia is a lapse on the part of the respondents. It had deprived the complainants from knowing as to when & what had happened to their patient. It is true that the job of the surgeon is to carry out the surgery and not to spend his time in preparing a record while doing surgery. . But when the “operation note” is prepared afterwards, probable timings of vital happenings need to be mentioned. The column of timing is left blank in “Transfer Note” of shifting the patient from OT to ICU. “Transfer Note” is not prepared by surgeon but by other staff. Thus at three vital incidents, there is no mention of timing. This is a positive proof or irregularity and amounts to deficiency in service.

8.            It can be seen from the receipt of Blood Bank that the blood was taken from blood bank at 3.15 pm. The blood bank is situated 4-5 kms away from the hospital where the surgery was being performed on the patient.

                Complainants have alleged that it was the duty of the respondent hospital to keep the blood ready before the start of surgery. Respondents says that requirement of blood was not an emergency. When a surgery of heart is going on, whatever may require in even remotest possibility should be considered an emergency. Because, here the life of somebody is at stake. Therefore we do not accept the argument of the respondents that the blood was not kept ready because it was not required as an emergency. Respondent hospital is negligent in proceeding ahead with surgery without ensuring that the blood is ready with them.

9.            It is also an important aspect to be noted that the blood was reached to the OT at about 3.45 pm ( It was taken at 3.15 pm from a blood bank which is 4-5 kms away). Respondent has taken a stand that the patient was shifted to ICU from OT at 5.00 pm. If we take this time to be genuine time of shifting the patient from OT to ICU, this means the CABG was over. at least one hour before say at 4.00pm. In such situation, the question remains unanswered as to what is done with the blood which is received at 3.45 pm in OT in a major surgery completed by 4.00 pm. This leaves scope to draw an inference that the respondents are hiding something. The figure of blood loss as mentioned on Cardiac Anaesthesia record and post-operative receiving chart indicate some tampering. However, in the absence of any computerised record or concrete evidence, we are not inclined to come to a direct conclusion that the respondent No.2 i.e. the surgeon was deficient in performing actual operation.

VAKILSAHEB

Milind Patil ‏@bhramarmilind  4m4 minutes ago

The Police Raj. Advocate killed in Court premises. The incident confirms failure of the State. https://www.youtube.com/watch?v=g6LxbRf4epo …

VAKILSAHEB

Happy new year!

                                    Milind Patil

VAKILSAHEB

Gujarat land deals. Questionable intervention by the office of the CM.

Illegal sale of agricultural land in Gujarat by India gold Refinery to Alumina Refinery and permissions granted by the Revenue Minister under influence of the secretary of the Chief Minister Narendra Modi, is judicially noted by the honourable Supreme Court while deciding appeal filed by Dipak Babaria, leader of opposite party in the State.  The judgment is delivered on 23^rd January 2014.

Epilogue by the honourable SC is as under,

66.         Before we conclude, we may observe that India is essentially a land of villages. Although, urbanization and industrialization is taking place, the industry has not developed sufficiently, and large part of our population is still required to depend on agriculture for sustenance. Lands are, therefore, required to be retained for agricultural purposes. They are also required to be protected from the damage of industrial pollution. Bonafide industrial activity may mean good income to the entrepreneurs, but it should also result into good employment and revenue to the State, causing least pollution and damage to the environment and adjoining agriculturists. While granting the permission under Section 89A (5) the Collector has to examine all these aspects. This is because the only other exception for conversion of agricultural lands to non-agricultural purpose is for those lands which are in an industrial zone. As far as the conversion of lands otherwise than those in the industrial zone is concerned, all the aforesaid precautions are required to be taken when a decision is to be arrived at as to whether the application is for a bonafide industrial purpose. In the instant case, there were newspaper reports of apprehensions and protest of the adjoining farmers. The Revenue Secretary and the Chief Secretary had placed the statutory provisions on record. It was expected of the Government and the Revenue Minister to take cognizance of these apprehensions of the farmers as well as the statutory provisions brought to her notice by the secretaries. She has simply brushed aside the objections of the secretaries merely because the Chief Minister’s secretary had written a letter, and because she was the minister concerned. While over-ruling the opinion of secretaries to the concerned department, the Minister was expected to give some reasons in support of the view she was taking. No such reason has come on record in her file notings. She has ignored that howsoever high you may be, the law is above you.

CIVIL APPEAL N. 836 OF 2014

(@ out of SPECIAL LEAVE PETITION (CIVIL) NO.36738/2012)

VAKILSAHEB

Central Government accepts the 2-G spectrum judgment as binding.

The Congress misleads the nation on the reference judgment regarding the mode of auctions for alienation of natural resources. The tone of the congress party in the press conferences held after the reference is answered by the honourable Supreme Court is totally in conflict with the spirit of the response of the honourable Supreme Court to the Presidential reference, which was evidently an attempt to overrule the 2-G spectrum judgment. The interpretation of the reference judgment regarding allocation of natural resources is apparently misleading. In fact, the said reference has confirmed the 2-G spectrum judgment dated 2nd February, 2012 in the matter of the Centre for Public Interest Litigation & Ors. Vs. Union of India & Ors, and even the Union of India has accepted the same as binding. The reference, though has declared that, the mode of auction is not the only way for allocating the natural resources, it has re-iterated that any decision of allocation of natural resources is always subject to judicial review. SPECIAL REFERENCE NO.1 OF 2012 [Under Article 143(1) of the Constitution of India] concludes by declaring that, 149. Regard being had to the aforesaid precepts, we have opined that auction as a mode cannot be conferred the status of a constitutional principle. Alienation of natural resources is a policy decision, and the means adopted for the same are thus, executive prerogatives. However, when such a policy decision is not backed by a social or welfare purpose, and precious and scarce natural resources are alienated for commercial pursuits of profit maximizing private entrepreneurs, adoption of means other than those that are competitive and maximize revenue may be arbitrary and face the wrath of Article 14 of the Constitution. Hence, rather than prescribing or proscribing a method, we believe, a judicial scrutiny of methods of disposal of natural resources should depend on the facts and circumstances of each case, in consonance with the principles which we have culled out above. Failing which, the Court, in exercise of power of judicial review, shall term the executive action as arbitrary, unfair, unreasonable and capricious due to its antimony with Article 14 of the Constitution. VAKILSAHEB

Dirty dealing: Praful Patel’s decisions - Moneylife

Dirty dealing: The Air India aircraft purchase could also unravel-Supreme Court issues notices to Centre - Moneylife

A petition refers to several of Praful Patel’s decisions, including ‘massive’ purchase of 111 aircraft for the national airline costing about Rs70,000 crore, taking a large number of planes on lease, giving up profit-making routes and timings in favour of private airlines and the merger of Air India and Indian Airlines The Supreme Court of India Friday issued notices to the Centre and Air India on a plea seeking a probe by the Central Bureau of Investigation (CBI) or a Special Investigation Team (SIT) into a raft of alleged irregularities at Air India during Praful Patel's tenure as civil aviation minister, allegedly to benefit private airlines. A bench comprising justices HL Dattu and CK Prasad sought a response from the government and Air India on a petition filed by Centre for Public Interest Litigation (CPIL) a non-governmental organisation (NGO). The NGO has alleged that these decisions and irregularities had caused huge loss to Air India. Specifically, CPIL's petition refers to the 'massive' purchase of 111 aircraft for the national airline at a cost of over Rs70,000 crore, leasing a large number of planes, giving up several profit-making routes and timings to private airlines and the disastrous merger of Air India and Indian Airlines. The NGO approached the apex court after the Delhi High Court refused to pass any order on CPIL's petition saying that the Public Accounts Committee (PAC) of Parliament is already looking into it. "A responsible committee like PAC is looking into the matter and we are not giving any direction at this stage but expect for PAC to look into the matter from all angles..." the high court had said. In its petition before the apex court, the NGO has alleged that the actions and decisions of the then civil aviation minister "ruined our national carriers, cost the national exchequer tens of thousands of crore and the only beneficiary of the above decisions were foreign aircraft manufacturers, private and foreign airlines". "Thus the above actions were clearly made on extraneous considerations and resulted in pecuniary benefits to private companies, which is an offence under the Prevention of Corruption Act". The NGO has also referred to a CAG report which had stated that the decisions of the ministry do not "withstand audit scrutiny" and that the entire exercise was "a recipe for disaster ab initio" and "should have raised alarm signals in the government". Following the SC notices, there is renewed hope that the findings of the CAG report as well as the alarm that had been sounded by Sunil Arora, former chairman and managing director (CMD) of Indian Airlines will finally see light of day. It is believed that Mr Arora, who is credited with turning around Indian Airlines during his tenure of 2002 to 2005 and making it profitable, was hounded out because he would not fall in line with Mr Patel's machinations. Mr Arora had then written a detailed letter to the cabinet secretary BK Chaturvedi on 2 June 2005, documenting all that was wrong in the decisions which escalated the losses dramatically. Interestingly, existence of such a document came to light with the release of Delhi lobbyist Niira Radia's taped conversations with Mr Arora. Right to Information (RTI) activists who had written to the government seeking this document may like to know that the letter was denied to them because it was not written on 28 May 2005 as is wrongly believed but on 2 June 2005. We learn that Mr Arora wrote a second letter to the cabinet secretary on 10th June in which he documented his meeting with Mr Chaturvedi and elaborated on why it as wrong to force Indian Airlines to give up its bilaterals. While Praful Patel has got away with causing grave losses to the national carriers and a plan is afoot to bail them out through a massive infusion of funds by the exchequer, Sunil Arora continues to be punished for his remarkable work in having restored IA to its glory days for a brief period and for daring to speak against the minister. In August, the appointment's committee had approved the appointment of this Rajasthan cadre IAS officer as Development Commissioner (Handlooms) under the ministry of textiles, but it was promptly cancelled with the state claiming that it was unwilling to let him go to the Centre. VAKILSAHEB

Section 304 of the Cr.P.C.- Legal aid to accused at State expense in certain cases. - Availing assistance of a lawyer to defend is fundamental right of an accused.

The honourable Supreme Court of India while deciding CRIMINAL APPEAL NO . 1091 OF 2006 filed by Mohd. Hussain @ Julfikar Ali has confirmed the right to fair trial as a fundamental right of an accused. The honourable Court, however, at the same time has held that, mere delay in trial cannot be a ground by itself to justify discontinuance of prosecution or dismissal of indictment. The honourable Supreme Court has further held that, the factors concerning the accused’s right to speedy trial have to be weighed vis-a-vis the impact of the crime on society and the confidence of the people in judicial system. On 30.12.1997 at about 6.20 p.m. one Blueline Bus No. DL-1P-3088 carrying passengers on its route to Nangloi from Ajmeri Gate stopped at Rampura Bus Stand at Rohtak Road for passengers to disembark. The moment the bus stopped, an explosion took place inside the bus. The incident resulted in death of four persons and injury to twenty-four persons. The FIR of the incident was registered and investigation into the crime commenced. On completion of investigation, the police filed a charge-sheet against four accused persons – one of them being the present appellant, a national of Pakistan – for the commission of offences under Sections 302/307/120- B of the Indian Penal Code and Sections 3 and 4 of the Explosive Substances Act, 1908. The appellant and the other three accused were committed to the Court of Session. The three accused other than the appellant before the honourable Supreme Court were discharged by the Additional Sessions Judge, Delhi. The appellant was charged under Sections 302/307 IPC and Section 3 and, in the alternative, under Section 4(b) of the ES Act, and was then convicted and was awarded death sentence, which was confirmed by the honourable Delhi High Court. The honourable Supreme Court of India has declared that, the necessity of a counsel in a criminal trial is so vital and imperative that the failure of the trial court to make an effective appointment of counsel amounts to denial of due process of law. Absence of fair and proper trial would be violation of fundamental principles of judicial procedure on account of breach of mandatory provisions of Section 304 Cr.P.C. The honourable Supreme Court has directed de-novo trial of the accused from the stage of prosecution evidence. VAKILSAHEB

Maharashtra Government and the MIDC directed to maintain status-quo of the lands acquired for extended Shendra MIDC from village Ladgaon.

The Honourable High Court has directed the State Government and the MIDC to maintain status -quo as on 30th July 2012 in regard of the lands at Ladgaon, Aurangabad, for extended Shendra Industrial area. This order is passed in two different writ petitions filed by two groups of petitioners. In the petition filed by Mr. Avadhoot Shinde and others, the then industrial Minister Mr. Rajendra Darda and the then Sub-divisional Officer at Aurangabad, Mr. Waman Kadam are contesting respondents in their personal capacities. The petition alleges that, mr. Kadam had initiated the acquisition move at the instance of the then Industrial Minister, though he was not authorised to initiate the acquisition proceedings as provided under the ID Act. The petition points out that, when more than 80% already developed industrial plots from Waluj, Shendra, Chikalthana and Railway station MIDC area are un-utilised, there is no rational in acquiring additional lands. The petitioners have alleged that, the acquisition is malafide and is aimed at facilitating the builder lobby to earn unreasonable profits by pretending that no land is available for further development in view of reservation of lands in bulk for industrial purpose. The petition has further placed on record, authentic admissions of the MIDC officials that, the basic infrastructure like water, power, so also industrial waste disposal system required for presently functioning 20% units from the developed industrial area is not available. The petitions have also questioned the change of user of the industrial lands for commercial and residential purpose. They have also demonstrated the arbitrary exercise of authority in violation of principles of natural justice. VAKILSAHEB

Power to arrest

Power to arrest
The arrest of daughter of a retired High Court Judge by the CBI on the basis of a complaint alleging demand of graft has raised an important question about unbridled and un-guided power of an Investigation officer to arrest anyone merely on the basis of allegations in a compliant.
The Expressindia.com has claimed possession of a copy of FIR and has mentioned the contents of the same. The facts mentioned in the news indicate possibility of malicious prosecution by the frustrated complainant.
The case is reportedly pending before the National Commission. The State Commission has already disposed off the same. Where is the question of post decision bribe by a party who has suffered adverse order? Anyone having a little knowledge about the establishment of the National Consumer Forum, members of which are retired Supreme Court judges, and the manner in which it functions, would not believe the allegations in the complaint.
Existence of people indulged in misuse of names of the persons occupying responsible posts, for their own benefit without even knowledge of their activities to such person, whose name is being misused, is not a new thing. Declaring the person whose name is being misused as accused is the most imprudent and unjust action. By this logic, any person occupying higher responsibility post or his near ones can be harassed and arrested by simply naming them in any FIR. With this constant threat, no one will aspire to occupy any constitutional or responsible post.
The arrest appears to be a hasty and irresponsible action. Merely because an investigation agency has power to arrest, it should not be allowed to exercise it without any incriminating evidence. The facts in the news, if correct, the arrest is abuse of authority. It is a matter of personal liberty and it cannot be dealt with so casually. Such hasty arrest needs to be condemned. It is high time to frame and implement guidelines for exercise of authority of an investigation Officer to arrest anyone, unmindful of its consequences. The right to live with dignity is the fundamental right and it cannot be allowed to be violated under the pretext of investigation of allegations in a complaint. We are in 21st Century and the irrational and inhuman laws permitting abuse of authority, which were framed by the British to rule the nation by treating the same as a colony cannot be allowed to continue in the today’s era, which values human rights. Apart from the agony being suffered by the arrested, the faith in the system of administration of justice is at stake.

The said matter also provides necessity of considering bail matters by the judiciary from the angle of abuse of the legal process by a mischievous complainant. It is a general experience that, bail applications are rejected by simply considering the nature of allegations without assessing the credibility of the same.

Even in the case of ‘Note for Vote’ controversy, the persons who arranged sting operations are arrested and are sent behind bars. The beneficiaries of the event continue in Power.
I sincerely feel that, the entire approach towards the investigation aspect and authority of the investigation officer to arrest a person merely on the basis of allegations in a complaint deserves reconsideration.


VAKILSAHEB