Model chargesheet where Governor is the Disciplinary Authority Government of West Bengal Department of Health & Family Welfare
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Model chargesheet where Governor is the Disciplinary Authority Government of West Bengal Department of Health & Family Welfare
G. A (Vig.) Branch
No. HF./O/Ga (Vig.) Dated……..
MEMORANDUM
The Governor proposes to hold an inquiry under rule 10 of the West Bengal Services (Classification, Control and Appeal) Rules, 1971, against Dr. XYZ.
Medical Officer of MN Primary Health Centre……………………………………
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The substance of imputations ยปf misconduct in respect of which the inquiry is proposed to be held is set out in the articles of charge (Annexure I).
1. A statement of the imputations of misconduct or misbehaviour in support of the articles
of charge is enclosed (Annexure – II). A list of documents by which and a list of witnesses
by whom the articles of charge are proposed to be sustained are also enclosed (Annexure III and IV).
2. Dr. XYZ ……………………………………………………………………….. is directed to submit within 10 (ten) days of the receipt of this memo, a written statement of his defence to (Here state the name and designation of the Inquiring Authority)
………………………………………………………………………… who has been appointed as the Inquiring Authority and also to state whether he desires to be heard in person.
3. He is informed that an inquiry will be held only if the article of charge is not admitted.
He should, therefore, specifically admit or deny the article of charge.
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4. Dr. XYZ …………………………………………….. is further informed that if he does not submit his written statement of defence on or before the date specified in para 2 above, or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of the orders and directions issued in pursuance of the West Bengal Services (Classification, Control and Appeal) Rules, 1971, the inquiring Authority may hold the enquiry against him exparte.
The receipt of this Memo may please be acknowledged.
By order of the Governor,
Principal Secy, to the Govt. of West Bengal
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ANNEXURE โ I
Statement of Article of Charge framed against Dr. XYZ, Medical
Officer, MN Primary Health Centre.
That Dr. XYZ, while functioning as Medical Officer, MN Health
Centre, and holding charge of OP Subsidiary Health Centre,
because of the vacancy in the post of Medical Officer of the said
OP Subsidiary Health Centre, visited the said OP Subsidiary
Health Centre on a good number of occasions and had full
knowledge that ABC, a Pharmacist attached to the said OP
Subsidiary Health Centre had without any authority or
qualification, been admitting indoor patients and treating them
in the aforesaid OP Subsidiary Health Centre without making
any entry in any register or keeping any record of such
admissions or treatments, but illegally omitted to take any step
whatsoever for stopping such illegal activities of the- said Shri
ABC and thereby aided the commission of such activities.
Such conduct on the part of Dr. XYZ is unbecoming of a public
servant and violative of Rule 3 (1) of the West Bengal (Duties,
Rights & Obligations of Government Employees) Rules, 1980.
ANNEXURE โII
Statement of imputations of misconduct in support of the articles of charge framed against Dr. XYZ.
The said Dr. XYZ was in charge of MN PHC from 1982 to
August 1992 and according to his own statement he was in
charge of supervision of the work of OP Subsidiary Health
Centre, where there was no medical officer from 1985 to
June, 1990. During this peri od Shri ABC was in charge of
OP Subsidiary Health Centre. It appears from the statement
of Dr. XYZ that he was asked by the Chief Medical Officer of
Health, BDN to supervise the wo rk of the OP SHC and as a
matter of fact he visited the OP SHC occasionally. It also.
came to his knowledge that Shri ABC, Pharmacist had been
treating patients admitting them in the Health Centre illegally
without maintaining any record of the same but he did not
take any step to stop this illegal activities of the Pharmacist.
On the contrary it appears that on 9.5.1988 at 9 P.M. Dr. XYZ
went to OP SHC being summoned by the above Pharmacist to
attend one BC (S/O LM) of Dumuria, whom the Pharmacist
had admitted in the OP SHC describing him to be a patient of
Diarrhoea but found vomiting blood. But the Pharmacist did
not maintain proper record in respect of the patient but noted
about him in the outdoor register of patients one day after his
actual admission in the Health Centre. The patient died on
19.5.1988 early in the morning but Dr. XYZ who visited him
in OP SHC on 9.5.1986 did neither make any adequate arrangement for his treatment no r had taken any steps to see that proper records were maintained in respect of the patient
by the Pharmacist-in-Charge, Shri ABC.
Dr. XYZ while acting as Medical Officer-in-Charge of MN
Primary Health Centre had in course of his official visit to OP
Subsidiary Health Centre, observed one CD (D/O DEJ.P*
village Dharmpur, to undergo treatment under Sri ABC,
Pharmacist at OP SHC for ab out 2 months in 1988 as an
indoor patient illegally without maintaining any record for the
same but Dr. XYZ did not take any action whatsoever for these
illegal activities of Shri ABC, Pharmacist.
Dr. XYZ admitted in writing that he was aware that Sri ABC,
Pharmacist was indulging in such illegal activities and he had
reported it verbally to the Chief Medical Officer of Health.
But the Chief Medical Officer of Health had denied to have
received any such report. From the fact that Dr. XYZ had on 9.5.1988 went to OP SHC in a
Private Ambassador provided free of cost by the guardian of the patient illegally admitted
and treated at OP SHC, by Pharmacist ABC it appears that he acted in a manner unbecoming of a public servant lacking a public servant in integrity and violative of rule 3{1) of the West Bengal Services (Duties, Rights and Obligations of Government Employees) Rules, 1980.
ANNEXURE โ III
List of documents by whic h by which the articles of charge framed against Dr. XYZ is proposed to be sustained.
(1) Log Book of Vehicle No. WBM-9113 of OP PHC.
(2) Register of outdoor patients of OP SHC from 2.5.1988 to 31.12.1988
(3) Statement of Dr. XYZ dated 17.10.1988 and 15.12.1988
(4) Stock Register of medicine of OP SHC from 1.1.1988, which was checked by Dr. XYZ,
M.O. in charge, OP PHC on 17.12.1988 at page 52.
(5) Sub-Stock ledger of OP SHC of Medicines from 1.1.1988 which was checked by Dr. XYZ, Medical Officer-in-Charge, OP SHC on 17.12.1988 at page 100 and /or any other documents with prior intimation to the officer impugned
ANNEXUREโIV
List of witnesses by whom the articles of charge framed against Dr. XYZ proposed to be sustained.
(1) Shri BC, Family Planning Field Worker, MN Health Centre.
(2) Sri DRN, GDA, OP SHC.
(3) Sri KCB, Sweeper, OP SHC.
(4) Dr. B. Mondal, Assistant Chief Medical Officer of Health
(5) PTR ( S/O. Sri PK ) of Pratapbagan, BDN
(6) Sri DCR (S/O. BCR ) of Kankradara, CDS
(7) Sri PSP (S/O. CP) of Dumuria, …………………
(8) Sri RN (S/O. DN) of Dumuria, …………………..
(9) inspector WN, A.C.I. ……………………………
and/or any other witness with prior intimation to the Officer impugned