From: mohanlal panda <pandaml67@gmail.com>
Date: Fri, Jul 1, 2011 at 9:54 AM
Subject: AIIMS won't take back doctor despite cop clean chit in molestation case
To: akpnhrc@yahoo.com
Cc: jrlawnhrc@hub.nic.in
To
The Chairperson
NHRC
New Delhi.
Sir,
Greetings from PVCHR.
Please refer to the news in the link and the report: http://www.indianexpress.com/news/aiims-wont-take-back-doc-despite-cop-clean-chit-in-molestation-case/811249/
AIIMS won't take back doc despite cop clean chit in molestation case
New Delhi
The AIIMS will not reinstate a former neurosurgery resident doctor despite a police probe finding no merit to allegations of molestation levelled by the family of an eight-year-old boy being treated by the doctor.
Dr Shejoy P Joshua, MCh neurosurgery student at AIIMS, was sacked on the orders of Union Health Minister Ghulam Nabi Azad on February 3 after the child's family complained that he had molested the boy inside the doctor's duty room.
The dismissal order stated that Joshua's actions "amount to conduct unbecoming of a medical doctor at the institute".
A police investigation report, however, pointed to several loopholes in the allegations against the doctor. But the AIIMS has decided not to reinstate Joshua, citing "violation of moral conduct".
Speaking to Newsline, a dejected Joshua said: "The police have virtually cleared me of all charges. I have gone through a lie detector test and undergone so many psychological tests."
After Joshua approached the Central Administrative Tribunal in March with an appeal for reinstatement, a notice was sent to AIIMS seeking its response "preferably within three weeks". He said he was called to the institute only on May 9 to present his case again.
Between this period, police submitted a report to AIIMS with psychological assessments of the child and the doctor by three different bodies — NGO Swanchetan, Institute of Human Behaviour and Allied Sciences and AIIMS itself.
The police report stated that "allegations levelled in the complaint cast doubt on the veracity of the story". The assessment conducted by Professor Manju Mehta, professor of psychiatry at AIIMS, stated that "during interview, the child repeated the exact words written in the complaint submitted by his father. Later, when he was asked other questions, he either refused to answer or was not spontaneous."
AIIMS authorities, however, said that these psychological reports do not prove that the "act of sexual misdemeanour did not take place".
"The police report does not have any proof to say that the allegations are false. Besides, the doctor does not deny he took the patient to the duty room, or that he did not respond to the nurse's call, and open the door when she knocked. These actions are enough to make him guilty of violating the code of conduct," a senior administrative official at AIIMS said.
Sir, on behalf of PVCHR, I request you to look into the matter and take necessary action.
With regards,
Dr. Mohanlal Panda
Advisor, PVCHR
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