• Medical Leave - Second medical opinion

Sir, I took 3.5 months medical leave on personal grounds and rejoined the service.But after rejoining ,my office sent me to medical board of a Govt Hospital and opinion came against me saying that the leave is not genuine. Is a central Govt office has authority to refer the case directly to medical board ? plz

Refer earlier KL HC Judgement on similar case : https://indiankanoon.org/doc/565173/
Asked 7 years ago in Labour

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9 Answers

 If the genuineness of the medical certificate produced under Rule 117 of Part I K.S.R. is doubted, it is only open to the authority to require the applicant to produce a second medical opinion under Rule 118(a) of the rules. If the second medical opinion from a Civil Surgeon also is doubted, then alone the matter can be referred to the Medical Board.

 

2) file application before CAT against decision of govt . rely upon judgment cited by you 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

See according to rules also mentioned in case cited the second opinion was required to be asked before Reffering the issue to the board after second opinion only they can refer so citing the case you can file a writ before high court. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

Yes, they can send for second opinion according to the following rules.

There are a certain set of Rules only according to which medical leave will be sanction to Central Govt. Employees.

I am going to explain you in detail.

Grant of leave on Medical Certificate

Rule1: A Government servant (Gazetted or Non-Gazetted) who is a CGHS beneficiary shall be required to produce the Medical/Fitness certificate, ( in the form prescribed in Rule 19 of CCS Leave Rules, 1972, from a CGHS doctor).

Rule2: A Government servant ( Gazetted or Non-Gazetted) who is not CGHS beneficiary shall be required to produce the certificate from a Government Hospital or an Authorized Medical Attended.

Rule3: A Government servant (Gazetted or Non-Gazetted) who is a CGHS beneficiary, if at the time of illness, is away from CGHS area or proceeds on duty outside the Headquarters shall be required to produce the certificate from an Authorized Medical Attended(AMA), provided that in case if no AMA available within a radius of 8 kms from his residence or place of temporary stay outside his Headquarters and also in the circumstances when he finds it difficult to obtain the certificate from a CGHS or an AMA.

Rule4: In the case of hospitalization/indoor treatment permitted in a private hospital recognized under the CGHS/Central Services Rules, 1944, a Government servant( Gazetted or Non-Gazetted, whether a CGHS beneficiary or not) may produce the requisite Medical/Fitness certificate from the Authorized doctor in such a hospital, on account of the particular kind of disease for the treatment of which the concerned hospital has been recognized by the Ministry of Health & Family Welfare.

Rule5: The leave sanctioning authority may, at its discretion, secure a second medical opinion by requesting a Government Medical Officer not below the rank of a Civil Surgeon or Staff Surgeon, to have the Government servant concerned medically examined on the earliest possible date.

Rule6: The obtaining of a medical certificate does not in itself confer upon the Government servant concerned any right to leave and the Government servant should await the orders of the authority competent to grant leave.

Rule7: The certificate shall define as clearly as possible the nature and probable duration of illness.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Client,

Not directly to board but second medical opinion from surgeon. Still doubted than matter shall refer to medical board.

But his depends on service rules, where Telangana rules are in consonance with Kerala rules or not.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Your sited judgement is related to Kerala state rules, not applies on central services.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

In this regard it is necessary to peruse rules framed by central govt for referring certificate to medical board 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Medical leave for a central Government employee can be sanctioned subject to the satisfaction of the leave sanctioning authorities.Authorities have rights matter shall refer to medical board. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can challenge that report being false before the tribunal. You dont have to worry about the same.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

118. (a) In the case of certificate issued by an Assistant Surgeon, Ayurvedic Physician or Homoeopathic Doctor attached to a Government Hospital or Dispensary or a Private Practitioner of Modern, Indigenous or Homoeopathic Medicine, the authority competent to sanction leave may at its discretion, secure a second medical opinion by requesting a Civil Surgeon, District Indigenous Medical Officer or the Chief Medical Officer (Department of Homoeopathy) as the case may be, to have the applicant medically examined. Should it decide to do so it must arrange for the second examination to be made on the earliest possible date after the date on which the first medical opinion was given.

if the authority competent to sanction leave has doubts about the second medical opinion also he may refer the case to the Medical Board, constituted by the Director of Health Services on requisition".

Instead of requesting for a second medical opinion by the Civil Surgeon, the petitioner was directed to get the opinion of Medical Board. That is not warranted under the rules.

 

The writ petition clearly states that the case should have been referred to a surgeon for second opinion  after which if needed,  applicant may be directed to appear before the medical board.You may challenge the decision by filing an injunction suit against the management restraining them from proceeding in the manner as directed by them 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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