The Patna High Court on Tuesday stayed the order of a District Magistrate directing registration of FIR and initiation of departmental proceeding against a Doctor who recommended home quarantine to an asymptomatic Covid suspect.
The bench of Justice Prabhat Kumar Jha observed prima facie,
"It appears that the petitioner (doctor) has acted in accordance with the guidelines and directions issued by the Ministry of Health and Family Welfare, Government of India and he has not violated any guidelines issued thereunder. In this view of the fact, the order as contained in Annexure 3 is stayed."
In the backdrop, the Petitioner-Doctor was in-charge of the quarantine centre and had recommended home quarantine to one Lalbabu Mahto, who was asymptomatic at the time, after taking his blood sample.
Subsequently, the Collector at the East Champaran district issued a letter directing registration of an FIR and imitation of departmental proceedings against the Petitioner. The Collector also referred a proposal for suspension of the Petitioner to the Disciplinary Authority.
It was the case of the Petitioner that the impugned order was unwarranted as the Petitioner had acted in compliance with the guidelines issued by the Union Ministry of Health and Family Welfare on May 10, 2020 whereby it is stipulated that if a person whose sample is taken appears a very mild case/ pre-symptomatic case, such person should be allowed to home quarantine.
Concurring with the submission, the court granted an interim relief of stay and posted the matter for consideration on June 25.
Case Title: Pravin Kishor Prasad Singh v. State of Bihar & Ors.
Case No.: CWC No. 6141/2020
Quorum: of Justice Prabhat Kumar Jha
Appearance: Senior Advocate KN Choubey and Advocate Prashant Kumar (for Petitioner)
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