Whistleblower docs reinstated by Tribunal

The two,along with Dr Sandeep Miglani of Aruna Asaf Ali Hospital,were transferred by a Delhi government order dated July 27,2009.

The Tribunal had passed a favourable order in Dr Miglani’s case last November.

As the store in-charge of Aruna Asaf Ali Hospital,Singh had sent back sub-standard medical equipment worth Rs 40 lakh. Rampal had blown the lid off a cotton gauge scam in November 2006.

The CBI had registered a case against Rampal in February 2007,accusing him of corruption in medical supplies but later discharged him after admitting in writing that the “company supplying medical equipment held a grudge against the concerned doctor”.

Subsequently,the investigating agency booked some suppliers and a senior medical officer under corruption charges.

After their transfers,Singh and Rampal moved CAT,alleging the transfer order was malafide and the Delhi government had no jurisdictional power to issue order of surrender. Singh’s petition also claimed the transfers were meant to oblige a corrupt gang.

Thus,the petition contended,the Tribunal should come to their rescue.

Singh’s counsel Harvinder Oberoi argued the Delhi government had succumbed to the drug mafia’s pressure and the decision was against public interest since honest officers who had tried to stop misuse of public funds had been handpicked for improper treatment.

The government defended its decision saying the transfer order was not only within its power but was taken in public interest as there were various complaints against the three doctors. The state counsel also said it was not proper for CAT to interfere with the order,taken with administrative powers vested in the government.

But the Tribunal bench headed by Vice-Chairman Justice M Ramachandran noted the government’s order lacked authority and suffered from procedural violation.

Appreciating the crackdown on corrupt practices in matters of purchase of medial equipments by the doctors,the bench observed though no direct evidence of malafide could come on record since “conspiracy is held behind closed doors,” circumstances spoke for themselves.

It also slammed the Centre for obliging the Delhi government by issuing a subsequent memorandum despite the first order being procedurally wrong. “The Central government apparently is hunting with the fox and simultaneously running with the hare,” the Tribunal noted.

Imposing a cost of Rs 7,500 on the Delhi government,the Tribunal directed all authorities to reinstate Singh and Rampal. It also ordered the Centre to give “necessary instructions” to the Delhi government in implementing the order “with utmost expedition”.

The doctors were not available for comments.

Accusatory letters from drug dealers
The case witnessed certain unusual practices as the CAT registry received many pseudonymous letters,alleging that its chairman,vice-chairmen and members of the principal bench were accepting bribe from the applicants. The letters were also addressed to the Chief Justice of India,High Court,President of India and the CBI among others. On this,the Tribunal recorded in its judgment: “Inquiries by the police about parentage of the letters had rested with certain drug dealers but since we did not wish to precipitate any issues,(we) ignored the accusations with the disdain it deserved.”