BMC withdraws order removing HoD at Mumbai’s Seth GS Medical CollegeUpdated: Aug 14, 2020 01:46 IST
After receiving a rap from the Bombay high court (HC), the Brihanmumbai Municipal Corporation (BMC) on Thursday withdrew its order to remove Dr Deepa Kane from the post of professor and head of the cardiac anaesthesia department (HoD) of Seth GS Medical College, attached to KEM Hospital.
Senior advocate Anil Sakhare, who represented the civic body, on Wednesday informed the bench of justice SJ Kathawalla and justice Madhav Jamdar that the order will be withdrawn and a fresh decision will be taken by the additional municipal commissioner after hearing Dr Kane and Dr Sanjeeta Umbarkar, on whose complaint the former was removed from the post.
Dean of KEM Hospital, Dr Hemant Deshmukh, had issued the order on July 27, removing Dr Kane from the post. She was appointed on the post on December 3, 2019. The action was taken based on a complaint lodged by Dr Umbarkar, an associate professor in the department, alleging that Dr Kane lacked the necessary educational qualifications and experience in cardiac anaesthesia.
However, when Dr Kane moved HC, BMC claimed that she was removed from the post of HoD because the Maharashtra University of Health Sciences (MUHS) had withdrawn approval for her appointment.
MUHS counsel, advocate Rajshekhar Govilkar, on the other hand, pointed out that the approval was withdrawn based on two communications received from BMC, in January and February 2020, informing the university about purported deficiencies in Dr Kane’s qualifications and experience. Govilkar added that it was not an independent decision of the university, and was completely based on the communications.
HC was irked to note that Dr Umbarkar had filed three complaints and representations with the dean of KEM Hospital, additional municipal commissioner and MUHS. Several communications had been exchanged between them, but at no point was Dr Kane informed about the complaints against her.
On the contrary, her lawyer advocate Rohaan Cama pointed out that even after repeatedly approaching the authorities for specifics about her dismissal, she was not provided any information. “This is complete malafide... This is not the way to deal with doctors and professors,” the bench had said earlier, after it was pointed out that all the steps and action was taken behind Kane’s back, in complete breach of the principles of natural justice.
The judges were also annoyed to note that Dr Deshmukh, the then HoD, was the one who had signed Kane’s experience certificate, yet he has questioned the same document.
The court has allowed the civic body to take a fresh decision on the issue after granting the opportunity of hearing to both sides. However, it has clarified that till then, Dr Kane will be back on the post held by her. HC also ordered that the fresh decision of the additional municipal commissioner will not be implemented for two weeks if it is adverse to the HoD, cardiac anaesthesia.