HC clears charges of GMC doc, orders pension release

Panaji: The high court of Bombay at Goa has quashed and set aside the inquiry/disciplinary proceedings initiated against former professor and head of GMC’s department of surgery, Dr Dilip Amonkar.

The high court directed govt to release his pension and retirement benefits, including gratuity, and stated that the disciplinary committee of GMC exonerated him of all the charges.

The inquiry was initiated five years after the incident in 2010, based on a preliminary inquiry report of the committee constituted by GMC.

He was not found to be negligent in any manner and was competent and qualified to perform the surgery, the HC observed.

“But for the unfortunate incident, the track record of the petitioner holding such a responsible position appears to be without any blemish. The inquiry officer was appointed in 2020, two years after the petitioner retired in 2018,” the HC stated.

“The inquiry proceedings continued for a period of nine years since the time of its initiation in 2015. The delay is not solely attributable to the petitioner. Apart from the fact that the inquiry officer held the charges against the petitioner as not proved, it is pertinent to note that the committee consisting of expert doctors has already exonerated the petitioner,” the HC stated.

upheld that there was no negligence on the part of Dr Amonkar. “The petitioner had to perform the operation in a private hospital on the request, as a result of an emergency. There is nothing to indicate that attending to the call for an emergency operation at a private hospital resulted in neglect of performing his duties at the GMC. In fact, post this incident of 2010, the petitioner continued as a professor and the head of the department of surgery till his retirement in 2018 upon the grant of a three-year extension of service after reaching the age of 62 years,” stated the division bench comprising Justices M S Karnik and Valmiki Menezes.

The incident dates back to 2010, when doctors at a private nursing home in Vasco opined thata patient suffering from acute appendicitis needed an urgent operation.

The surgery was scheduled for July 2, 2010, and the surgeon was unavailable, so Dr Amonkar’s help was requested. The operation was successful, but she expired on Oct 29, 2010. A medico-legal case was lodged by police, and the patient’s sister filed a complaint alleging death due to medical negligence.


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