The Ruckus Over RIMS MS

One of the most important factors for a country/state to develop and prosper is that the concept of “Separation of Power” (the Legislature, the executives and the judiciary) should be strictly maintained and adhered to or else clashes between them is inevitable especially between the judiciary and the executives (The lock horn syndrome) and it is the General public who has to suffer for no fault of theirs.

Numerous incidents have taken place not only in our country but in our very own state as well and the most interesting and the latest incident of this “lock horn syndrome” is the legal tussle going on for the post of the Medical Superintendent (there are now two MSs sitting) in the Regional Institute of Medical Sciences, RIMS (which started with the executive not following an interim order of the Judiciary) whether the already existing Medical Superintendent namely Dr. Y Mohen Singh shall continue to hold the post of MS as per an interim order dated 14th December 2010 passed by a Single bench of The Hon’ble Gauhati High Court, Imphal Bench.

It has been clearly stated that the letter/Executive order (a response to the request for increasing the age of service superannuation from 62 yrs to 65yrs for the post of MS by Dr. Mohen) dated 25.10.2010 from the Under Secretary, Minister of Health and Family Welfare, Govt of India, NE Division instructing the Director that the age of retirement cannot be acceded to as requested by Dr. Mohen, to the Director, RIMS shall not be given affect to until further orders for a prima facie matter has been made out and the Hon’ble Court had also given liberty to file any application for modification of the said interim order to the Respondents (of the Writ Petition), in plain words to say that Dr. Mohen shall remain as the Medical Superintendent until further order from the Hon’ble Gauhati High Court, Imphal bench.

However in complete defiance of the said interim order of the Hon’ble High Court the concerned authority has willfully and deliberately intermingled the genuine judicial process by issuing two orders (Executive of course) at one time dated the 28th of February, 2011 one directing Dr. Mohen to demit office of Medical Superintendent and another one stating that Dr. Mohen is to be reverted back as a professor in the Department of Pathology. Now the question is whose order should Dr. Mohen follow?

On one hand the Hon’ble High court has instructed that he shall continue to hold the post of MS until further order and on the other hand The Under Secretary of the Ministry of health and Family Welfare has issued two executive orders, one being to demit the post of MS and the other being to revert back as professor in the concern department and to work under the HOD of the Pathology who is his junior and that too to a nonexistent post.

Now the very obvious question arises as what is my interest in this legal tussle going on? And the answer is very simple and that is I being a citizen of this state cares about what will happen if any emergency incident which may need the permission of the MS comes up, in short who shall have the authority to sign as the MS for any emergency case and it is very obvious that there shall be delay because the staff working in this institute are confused because of the presence of the two MS and it is we the public who has to suffer for no fault of ours as it involves a hospital where matter of life and death takes place.

Who shall be held responsible if for example because of this confusion there is delay in the allotment of a room in the General or Special Ward and because of this delay some unfortunate thing happens to the patient and the patient party starts destroying the hospital properties, who shall negotiate from the hospital side? As far as I know it is Dr. Mohen only who has always come forward for the hospital, and the public also cannot deny this fact for there is a thing call News (ISTV in our case) and there we can clearly see who has the guts to face even some Underground organization so that the public does not suffer.

This Doctor has done a lot for this institute/hospital. It is because of him only that RIMS has become a no smoking zone and the fine collected from the offender is donated to the cancer patient, it is because of him only that the patient party (especially who are not financially sound) are able to buy medicines at any time in discount from the pharmacy situated inside the premises, it is because of him only that some dirty incidents which used to take place especially in night time in the hospital premise has been completely stopped because this Doctor goes and visit all the nook and corner of the premises even in the night time so that the sanctity of this institute is maintained. These are some of the things which I know and there is no doubt that there are also many other noble things done by this man, many sacrifices has been made by this man of guts for why else would security be given to a doctor?

And in return for all the sacrifices made by him for the betterment of this institute instead of appreciating him his request for superannuation is being rejected but the most funny part is how come the Health and Family Welfare, Government of India issued the two orders when there already was a standing interim order of The Hon’ble High Court, Imphal Bench and status quo was in existence. Is this a sign of respect for the judiciary by the concerned Department/authority? All this man is asking is for natural justice and nothing more, he is willing to hand over the post of MS to Dr. Shanti who is also his close friend and revert back to his department (as directed by the executive order) provided that he does not work under his junior (which of course is a very natural thing) and instead create a post which might suit him as the word “reverted” has been used in the executive order for I believe RIMS will surely need his advice for a few years more for every department of our state is very complex and each department needs a man who can stand up and face anything.

By writing this article I am not questioning the capabilities of other fellow doctors/administrators of RIMS but only putting forward my humble views so that the public in general and Dr. Mohen in particular does not suffer because of the “lock horn syndrome”. I would like to wind up by saying that the fate of this man now depends on the Decision of the Hon’ble High Court and I strongly believe that justice shall be done for the presiding officer/judge before whom his case has been put is a man of Dignity who not only has the knowledge but the guts to give tough judgment which other hesitates to pass.

*The article is written by Elangbam John Singh

(Courtesy: The Sangai Express)

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