MIRROR EXPOSÉ of govt docs practising in pvt - health dept acts, only selectively

The file with the department containsnames of more than 100 govt doctors who are flouting service rules but only 7of them have been transferred

After months of wait, the health department acted against government doctors who practise in private, but transferred only seven of the 105 of them.

In a sweeping order, the health department on Tuesday, transferred 80 government doctors to various GMERS (Gujarat Medical Education and Research Society) hospitals in the state to fill the vacancies there. However, the list includes only seven such doc tors who had earlier filed an affidavit in Gujarat High Court defending pri vate practice. The fact that 98 others who had filed similar

affidavit were not touched was not lost on those transferred. Said a senior doctor whose name was on the transfer list, “More than 25 per cent of government doctors practise at private hospitals and also own their own clinics. But most of them have been spared or have gone unnoticed. Why should I be given this transfer when others enjoy private practice?“ Among the 105 doctors who had filed the affidavit and transferred on Tuesday were Hemant Mathur, Chetan Mehta, Sheela Aiyer, Sandeep Rao, Samir Kacheriwala, Jayprakash V Modi And Shaila A Shah.

Sources say, the transfers has been ordered to meet Medical Council of India's inspection and either to get or to retain its recognition of these hospitals.

MIRROR EXPOSE

Despite the Mirror expose on doctors in the government hospitals and medical colleges practising in private, the health department is yet to take concrete action. Apart from the enquiry against four doctors Mirror had mentioned in its report (`Govt probes docs' `private' business', Nov 5), sources said the health secretary had received a list of 105 doctors flouting service rules to earn money.

Sources said former health commissioner P K Taneja had received a file containing the name of the fulltime government doctors who were availing themselves of NPA despite practising in private.

The commissioner had forwarded the file to the then health secretary Rajesh Kishore, recommending transfer of these doctors as part of disciplinary action. However, Taneja and Kishore both were transferred and the file gathered dust in the department.

Health Secretary Anil Mukim, when contacted, had said he was looking into the matter.

GOVT FLIPFLOP

The health department had announced in 2007-08 that doctors in the government's employ could pursue private practice. However, such doctors would not be entitled to non-practising allowance (NPA).Several full-time doctors and teachers with government hospitals and medical colleges opted for private practice following the order. Though they were supposed to forego NPA, many of them continued to claim it while seeing patients at their own facilities or other private hospitals. As their attention was diverted, health services in government hospitals and education in colleges were directly affected. Within months in 2008, the government decided to stop giving the doctors the option of private practice in lieu of NPA.

A group of such doctors who had begun private practice challenged the government decision in the High Court of Gujarat. Their contention was that they had invested heavily in setting up their facilities following the government decision.

However, the high court in its judgment in July upheld the government's stand and ruled that the doctors could not practise in private.

Justice K S Jhaveri and Justice A G Uraizee in their judgment noted that Advocate General K B Trivedi had during the hearing conceded that the government's order of allowing doctors private practice was contrary to service rules under which those doctors had been recruited. Trivedi had pointed out that what is contrary to rules is a nullity and, therefore, the executive fiat cannot be enforced at law.

LISTED IN BROCHURE

The anomaly of doctors claiming NPA while practising in private came to light following the death of the wife of a government official who is said to have been earlier operated upon by Dr Vinod Gautam, a professor in the orthopaedic department of B J Medical College. Names of four govern ment doctorsteachers came to light following the incident and the publi cation of the brochure of a private hospital where they were shown as consultants.

The government instituted an inquiry against three doctors while the fourth doctor was given a punishment transfer. The brochure lists the names of Dr Pankaj Modi, head of surgery department at B J Medical Col lege, and Dr Nehal Naik and Dr Viral D Shah of GMERS Sola. A team from the health department also collected CCTV footage from the corporate hospital to gather proof against government doctors practising there.

Under Gujarat Civil Services (Revision of Pay) Rules, 2009, NPPA is paid to medical officers at the rate of 25 per cent of the basic pay. Howev er, the government failed to develop a mechanism to monitor the doctors.

In absence of punitive action, many doctors violate the rule outlined in the NPPA. At teaching hospitals, senior doctors are supposed to give lec tures and work in the hospitals. But most of them are missing in the even ing and night shifts. Junior doctors attend to patients. They also enjoy Di wali and summer vacations when college closes down. Even though, ac cording to rules, they are supposed to work at the hospital.