• Anything wrong if i am a docotor in central government of india and did post a comment on a social

DOCPLEXUS INDIA KAANOON 0 4 12 17
i AM A DOCOTOR IN CENTRAL GOVERNMENT OF iNDIA AND DID POST A COMMENT ON A SOCIAL DOMAIN "DOCPLELXUS" FOR DOCTORS AS FOLLOWS FOR MY RIGHT QUERY
If a junior for whose acts of omission or commission is under my vicarious liability even if Anesthesiologist is qualified but complains of chronic pain of cervical with vertigo which was verbally told to me, my dilemma is Can I assign that Anaesthesiologist to give Anaesthesia where I am 2nd in command but my First in command says that there are no such restrictions? Kindly help me to get an answer to this too dilemmatic situation where on one hand is authorities and on other end is mine own knowledge whatsoever it is. As below is quoted from literature which though speaks of itself still needs a differential opinion, if any, with all due regards. ASA ETHICAL GUIDELINES Anesthesiologists should advise colleagues whose ability to practice medicine becomes temporarily or permanently impaired to appropriately modify or discontinue their practice. They should assist, to the extent of their own abilities, with the re-education or rehabilitation of a colleague who is returning to practice.

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CAN THIS LEAD TO ANY KIND OF OFFICIAL DISCIPLINARY OR CRIMINAL OR ANYOTHER TYPE OF ACTION AS PER CCS (CCA) RULES, 1965 | Department of Personnel & Training
Asked 8 years ago in Labour

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7 Answers

This post would not lead to any disciplinary action against you under CCS rules as you have not committed any act of misconduct

Ajay Sethi
Advocate, Mumbai
100031 Answers
8166 Consultations

This is not at all an act which warrants a dispciolicary proceeding let alone a proceeding under criminal jurisprudence.

I am not sure what exactly the dispute is but whatever has been done is not enough to entail a proceeding under law of the land or under service Rules Of Your Job.

For Disciplinary proceeding misconduct ,insubordination or dereliction in duty is essential neither of which is found in the present situation.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

1. In the instant case, you have not adversely commented against any body or any action of the Authority.

2. You have just put a question before a Social Domain specially meant for interaction with and by practicing doctors.

3. No, legal action stands against you under the given circumstances.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

Hi , sir kindly let me knw about the insecurity that you are going through .. Under Indian penal code vicarious liability is generally seen as a negligence( medical ). Kindly be specific and narrate the incident ??

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

In India, everyone has the right to freedom of opinion and expression.This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

You just exercised your right, which needless to say is protected under the Constitution of India. You commit no wrong in asking this question.

Vibhanshu Srivastava
Advocate, Lucknow
9769 Answers
323 Consultations

Hello,

This post shall not lead to any disciplinary inquiry against you, since you have rightly used your constitutional freedom of speech and expression.

There is no punishment for the same under the CCS rules.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you have violated the laid down rules and procedures during the practice of your official duty, then you may be liable for the consequences accordingly even if you assert that you have done them in good faith especially due to the compelling circumstances.

You should have got your act ratified by the authorities at least at a later stage or time if this was in gross violation to the rules or procedures to be followed in this regard.

You may discuss with your higher authority very close to you about this in detail and also with a local lawyer on the basis of the circumstances under which you have committed this act.

T Kalaiselvan
Advocate, Vellore
90234 Answers
2508 Consultations

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