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AIIMS has moved Delhi High Court seeking permission to replace its forensics department head, Sudhir Kumar Gupta, and reinstate former head of the department Dr D N Bhardwaj. The court is slated to hear the matter on July 23.
The application has been moved against the backdrop of the court’s March 25 direction in which it had asked the AIIMS to take the court’s permission before replacing Dr Gupta. This direction came after Dr Gupta filed a plea challenging a March 4 decision of the Central Administrative Tribunal (CAT) rejecting his charge that one Dr O P Murty was promoted after purging his seniority, with the purpose of obtaining a “tailor-made report” in the Sunanda Pushkar case. He also alleged that AIIMS had illegally purged his seniority with “malafide intention” to punish him for “refusing to act unprofessionally in the autopsy matter”.
In its application, the AIIMS said Dr Bhardwaj was senior to Dr Gupta by four years and that Dr Gupta had not challenged the former’s seniority either before the CAT or in the High Court. Earlier, CAT in its decision on Dr Gupta had said the documents submitted by Dr Gupta “do not reveal anything to show that any pressure was put on the applicant to submit a tailor-made autopsy report in the Sunanda Pushkar case”.
Now Dr Gupta has contended that the CAT findings were “illegal and contrary to the law and facts and circumstances of the present case”.
In a fresh letter addressed to Union Health Minister J P Nadda, Dr Gupta has alleged a “tacit understanding” between the AIIMS Director Dr M C Misra and Congress leader Shashi Tharoor for making a “tailor made” post-mortem report in the Pushkar case. “I was asked by Dr Misra to give a post-mortem report of late Sunanda Pushkar as natural death which was contrary to the findings,” he said in his letter dated May 28. However, Gupta maintained that he did not succumb to pressure and gave the factual report as an “upright official”.
AIIMS in a statement on Tuesday rejected the allegations. “The Institute would like to categorically state that no extraneous pressure was ever put on Prof Sudhir Kumar Gupta with regard to his medical opinion for any case. Allegations being levelled against the Institute in the media by Prof Gupta in this regard are baseless and stands denied,” an AIIMS statement said.
AIIMS spokesperson Dr Amit Gupta also maintained that due procedures were followed by the institute in seeking replacement of Dr Gupta.
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