: पंजाब में बेहिसाब फल-फूल रहा है कन्या-भ्रूण परीक्षण और उनकी हत्याएं : शिकायतें होने के बावजूद सरकारी मशीनरी ने कान तक नहीं दिया :
कुमार सौवीर
चंडीगढ़ : एक जोशीले युवक ने तय किया था कि वह आम आदमी तक सस्ता और सुलभ चिकित्सा और स्वास्थ्य सेवाएं मुहैया करायेगा। इसी संकल्प के साथ इस युवक ने पंजाब के ग्रेटर मोहाली में एक नया अस्पताल खोला। यह अस्पताल बहु-आयामी जांच-परीक्षण श्रेणी का था। नर्सिंग होम फर्स्ट क्लास चल रहा था कि अचानक उसे पता चला कि जिस चिकित्सक को उसने रेडियोलॉजी और सोनोग्रॉफी का जिम्मा दिया था, वह तो सीधे-सीधे भ्रूण के लिंग परीक्षण में लिप्त है। इतना ही नहीं, खुद इस नर्सिंग होम की मशीनों का इस्तेमाल कन्या भ्रूण परीक्षण के लिए किया जा रहा है। यह खुलासा होते ही इस युवक ने अस्पताल बंद कर सरकार को उस डॉक्टर की करतूतों की शिकायत की। लेकिन हैरत की बात है कि सरकारी अफसर अब उस डॉक्टर को बचाने में जुटे हैं।
यह कहानी है कि दीपेंद्र सिंह मालका की। लखनऊ के केकेसी कालेज में दीपेंद्र सिंह मालका ने बीकॉम और एलएलबी तक की पढ़ाई की। अपनी स्नातक तक की पढ़ाई पूरी करके मालका कामधाम खोजने के लिए अपने रिश्तेदारों के पास पंजाब चले गये थे। वहां माहोली में दीपेंद्र ने एक बड़ा अस्पताल खोला, नाम था एपेक्स डायनोस्टिक सेंटर। इस सेंटर में अत्याधुनिक मशीनें और विशेषज्ञों की सेवाएं ली गयीं। कुछ ही दिनों में यह सेंटर माहोली में अपना एक बड़ा नाम बन गया।
अचानक दीपेंद्र ने एक युवती से बातचीत की, तो पता चला कि वह अपनी जांच कराने के लिए सेंटर से आयी है। पूछताछ में पता चला कि वह अपना लिंग परीक्षण कराने आयी थी। यह सुनते ही दीपेंद्र के पैरों के नीचे से जमीन खिसक गयी। दीपेंद्र ने आनन-फानन उस डॉक्टर को उसके परीक्षण कक्ष से बाहर निकाला और मशीनों को पूरी तरह लॉक कर दिया। इतना ही नहीं, उसने तय किया कि वह यह सेंटर बंद करेगा, ताकि कन्या भ्रूण परीक्षण करने वालों को मुंहतोड़ जवाब दिया जा सके। इसके लिए मालका ने पंजाब सरकार को एक पत्र देकर सूचना दी कि उसके सेंटर के डॉक्टर चूंकि लिंग परीक्षण में लिप्त थे, इस लिए उन पर कड़ी कार्रवाई की जाए।
लेकिन हैरत की बात है कि पंजाब सरकार के अफसर इस मामले की फाइलों को दबाये बैठे हैं। लेकिन दीपेंद्र इन अफसरों की करतूतों से हार नहीं माने हैं। उन्होंने अब इस मामले को अदालत तक पहुंचा देने का फैसला किया है। मालका ने अपनी वकालत का कोट पहना है और बो लगा कर वे जुट गये हैं ऐसे डॉक्टरों के खिलाफ जेहाद करने। अब गौर से देखिये कि दीपेंद्र ने इस दिशा में क्या-क्या किया है:-
DIPENDRA SINGH MALKA,
HOUSE NO: 483, Sector-127, Shivalik City,
Kharar-Landran Road
GEATER MOHALI,140301
Date: 12/07/2017. To
The DGP Punjab
(Through proper channel)
DSP Crime, Phase-4 Mohali.
Subject: Inquiry against Complaint No: 5379/17/12 of Punjab State Human Right Commission Chandigarh.
Dear Sir,
As required by you following version is being submitted as my statement,
STAEMENT, CONTAING PAGES: 13,
SUBMITTED,
Respectfully Showeth,
1:- That, in 1993, undersigned started business in S.C.F. 66, phase- 3b2, Mohali, in the name and Style of Apex diagnostic Center (Ultra Sound & x-Ray).
2:- That, Dr. Upendra Singh (Radiologist) was Registered with Apex diagnostic Center 66, Phase- 3b2, Mohali.
3:- That, on 23/08/2011, All of a sudden Dr. Upendra Singh submitted his resignation, which was not accepted due to exigency of work and for want of substitute Radiologist.
4:- That, on 14/09/2011 Dr. Upendra Singh applied for two days leave i.e. for 17.09.2011 and 18.09.2011 which was also not accepted due to above mentioned reasons.
5:- That, on 16/09/2011, after his working hours i.e. about 02 P.M. in my absence, Dr Upendra Singh abandoned office along with his personal files, Income Tax file and few books relating to our profession, meaning here by that he abandoned his employment in an unlawful manner because he left without permission and took away the keys of ultrasound room with him.
6:- I wrote number of letters to Dr Upendra Singh on 30/09/2011, 05/10/2011, 15/10/2011, & 24/10/2011 to resume the duties and copies of which were endorsed to the civil Surgeon (Appropriate Authorities P.N.D.T.) Act.
7:- That, on 04/10/2011, I drew the attention of the Civil Surgeon that Dr. Upendra Singh has not joined his duties and also the ultrasound room is locked and keys are with him.
8:- that, on 03/11/2011, I brought this matter in the notice of the Civil Surgeon again, that Dr. Upendra Singh has not joined the duties and also the ultrasound room keys are with him.
9:- That, on 04/11/2011, I have written one letter to Mr. Ramandeep Singh owner of the Indus Lab Mohali to get some information about Dr Upendra Singh, but he did not reply.
10:- That, on 14/11/2011, I lodged a complaint to the senior medical officer Mohali, Civil surgeon Mohali about the unprofessional conduct of Dr Upendra Singh.
11:- That, on 05/12/2011, I again drew the attention of the Civil Surgeon that Dr. Upendra Singh has not joined the duties and also the ultrasound room keys are with him. Instructions for the same solicited from civil surgeon, Mohali. But we have not received any type of suggestion/instruction from the Civil Surgeon, in spite of the fact that the matter was most urgent and important.
12:- That, on 04/01/2012, I again drew the attention of the Civil Surgeon that Dr. Upendra Singh has not joined the duties and also the ultrasound room keys are with him. Instructions for the same solicited from civil surgeon, Mohali. But we have not received any type of suggestion/instruction from the Civil Surgeon.
13:- That, Dr Upendra Singh again applied to civil surgeon Mohali for part time job in Indus Lab from 2 P.M. TO 5 P.M. on 03/04/2007, without the permission or knowledge of Apex Diagnostic Center.
14:- That, on 11/04/2007 civil surgeon Mohali granted permission from 2 P.M. TO 5 P.M. only and on call basis 24 hours for emergency cases only, without any intimation to us.
15:- that, whereas in the Civil Surgeons Conference it was decided that if one Radiologist registered at more than one Center timings of said Radiologist must be scrutinized and inspected,
but in fact the then civil Surgeon did not bother about our complaint about Dr Upendra Singh as he has granted permission for Indus Scan Lab, from 2 P.M. TO 5 P.M. from the Civil Surgeon but he was actually working at 5 P.M. TO 7.30 P.M.(as per Dr Upendra Singh’s own letter to Civil surgeon), and as per the owner of the Indus Scan Lab S.C.F. 98&100 Phase 3b2,Mohli,that Dr Upendra Singh is working in Indus Lab at 03 P.M. TO 09 P.M. but it had no effect on the concerned Authorities mentioned above.
16:- That, on 17/01/2012, we lodged a complaint against the unethical practice of Dr Upendra Singh in the Indus Scan Lab. to the civil surgeon Mohali. But then civil surgeon did not pay any heed to our complaint.
This is the clear violation of Rule No: 18 (VII) of “The Pre-conception & Pre-Natal diagnostic Techniques (Prohibition of Sex selection) Rules 1996.
17:- That, 01/02/2012, I lodged a detailed complaint against the unethical practice of Dr Upendra Singh, to the principal secretary health, which was received by that office vide receipt no: 1278 dated 10/02/2012. But till date we have not received any response.
18:- That, on 02/02/2012, I lodged a detailed complaint against the unethical practice of Dr Upendra Singh, to the Director and the deputy Director health sector 34 Chandigarh, which their office received vide their receipt no: 138 dated 06/02/2012 in Dak receipt ledger, but till date we have not received any response.
19:- That, on 03/02/2012, we again drew the attention of the Civil Surgeon that Dr. Upendra Singh has not joined the duties and also the ultrasound room keys are with him, Instructions for the same solicited from civil surgeon, Mohali, Civil Surgeon Mohali did not react to such a serious matter.
20:- That, on 17/02/2012, civil surgeon team inspected Apex Diagnostic Center at 1.15 P.M. and mentioned in their report that “person conducting the test is Dr Upendra Singh who is absent’’.
21:- That, on 02/03/2012, we again drew the attention of the Civil Surgeon, Mohali that Dr. Upendra Singh has not joined the duties and also the ultrasound room keys are with him. Instructions for the same solicited from civil surgeon, Mohali, but Civil Surgeon Mohali paid no heed to our concern.
22:- That, on 07/03/2012, I received a letter from civil surgeon Mohali dated 05.03.2012 in which, they wrote why not my center should be sealed temporarily?
23:- That, on 12/03/2012, I gave reply of the civil surgeon letter dated 05/03/2012.
24: – That, 03/04/2012, we again drew the attention of the Civil Surgeon that Dr. Upendra Singh has not joined the duties and also the ultrasound room keys are with him. Instructions for the same solicited from civil surgeon, Mohali, but no avail.
25:- That, 04/04/2012, In my absence 10 persons of civil surgeon’s staff came to apex Diagnostic Center at about 3.45 P.M. and sealed the Dr.’s ultrasound room, instead of calling Dr Upendra Singh to open the lock as keys were with him and Civil Surgeon Mohali knew the whereabouts of Dr Upendra Singh to seal the ultrasound machines rather civil surgeon neither inform me nor issued any letter to me and never had any signature of my any staff member present there regarding sealing the premises, which is illegal action under the P.ND.T. Act. This is the violation of Rule No: 12 of “The Pre-conception & Pre-Natal diagnostic Techniques (Prohibition of Sex selection) Rules 1996.
26:- That, I immediately made an Appeal/notice/regarding Unlawful act of appropriate authorities( Civil Surgeon Mohali),to Principal Secretary Heath Sector 9, Chandigarh, Director Health Services Punjab, Secretary Health as aggrieved person vide our letter Dated 05.04.2012, within the provisions of Rules No: 19 (2) Authority of the P C and P N D T Act and Rules.
27:- That on 16.04.2012 we sought the information under R.T.I. but a vague reply was received on 17.05.2012which was not based on actual state of affairs of the case.
28:- That on 28/05/2012/ I wrote a letter to Civil Surgeon, Mohali who instructed our Qualified Radiographer/ staff not to conduct even x-ray in the premises, we requested her to allow us to conduct x-ray enabling us to run my family but Civil Surgeon Mohali did not bother to pay any heed to my genuine request based on humanitarian grounds.
29:- That, after 28/05/2012 every day I visited to civil surgeon office, and met civil surgeon/staff and requested them to give any instructions in writing not to operate X-Ray without any response from the Authorities.
30:-That, the Certificate of Registration No: 5-SASNGR-06, dated 16/08/2011, valid up to 09/08/2016, granted to the Center by the Appropriate authorities was surrender on 20.06.2012 under protest.
31:- That, on 20/06/2012, I wrote a letter, to civil surgeon for opening the seal and lock so that vacant possession could be given to the land lords of the premises of Apex Diagnostic Center, Phase 3-B-2, Mohali as I am of the considered view that the Center cannot be run that efficiently due to non-cooperation of the Authorities and thus I have decided that it should be closed down since I was paying the rent of closed centre
32:- That, on 05/07/2012 I met The Director (Dr. Karanjit Singh), Family welfare Punjab, Room No: 201, Sector-34,Chandigarh,to make a Request to open the seal and lock of Apex Diagnostic Center, Phase 3-B-2, Mohali enabling me to hand over the vacant possession of the premises to the owner.
33:- That, on 06/07/2012 one letter No: 1745, Dated 06/07/2012 of The Director, Family welfare Punjab, Room No: 201, Sector-34, Chandigarh issued, to civil surgeon Mohali and instructions given to open the seal and lock of Dr.’s ultrasound room of Apex Diagnostic Center Phase 3-B-2 for which civil surgeon did not bother and paid any heed to the superior officers also.
34:- That, on 10/07/2012 I wrote a letter to The Director, Family welfare Punjab, Room No: 201, Sector-34, Chandigarh, humbly requested him to please open the seal and lock of the premises as I have to bear the monthly rent of the said premises unnecessarily for this kindness of yours I will be highly obliged. In this way I was compelled to pay the rent of the said premises for the month of June and July 2012.
35:- That, Finally on 19/07/2012 team of civil surgeon office with Dr.Bhagat, Dr. Tmana, Dr. Seema, Dr. Sarita, and few other staff members along with some Police personnel came about 03P.M. and removed the seals which were put by the civil surgeon team on 04/04/2012 and lock of the ultrasound room broken by the doctors and the staff of the Health Department, however I state with due apology that they did not show any authorization regarding this to me.
36:- That at this stage it was obligatory for the team of above cited Doctors to seal the ultrasound Machine take it away keep with the Civil Surgeon Office or in their own custody but instead that they forced me to keep it in my residence which was unwarranted and unlawful as per The P.N.D.T.Act
37:- Finally I vacated the premises of Apex Diagnostic Centre, S.C.F. 66, phase- 3b2, Mohali, (Ultra Sound & x-Ray). On 27.07.2012 and handed over the possession of the S.C.F. 66 Phase 3b2, Mohali to the Landlords. 38: Finally the enquiry of my complaint was marked to Dr Karanjit Singh Director Family welfare Punjab, Room No: 201, Sector-34, Chandigarh, who also appeared to have connivance with the team of Doctors and made every effort to hush up the enquiry.
As said Dr. Karanjit Singh sent a letter to me vide No: 289 dated 18/10/2012 in which he advised me to join the enquiry proceedings on 31/10/2012 but said letter was posted me on 16/11/2012 and delivered to me on 26/11/2012 i.e. 26 days after the enquiry was to take place.
39:- That, another proof to hush up said Inquiry is, The Director Dr. Karanjit Singh sent a letter to me vide No:315 dated 18/12/2012 in which he advised me to join the enquiry proceedings on o4/01/2013 but said letter posted me on 24/01/2013 which I received on 28/01/2013.
40:- In the Inquiry proceedings dated 05.02.2013, the I.O. granted the permission to both the parties to argue/cross examine each other, but the same opportunity was disallowed by I.O. contrary to his earlier decision dated 05.02.2013, for the reasons best known to him.
41:- Dr. Karanjit Singh (Inquiry Officer also ignored our various letters i.e.30/09/2011, 05/10/2011, 15/10/2011, & 24/10/2011, (all c.c. to Appropriate Authority) & 04/10/2011, 03/11/2011, 05/12/2011, 04/01/2012, 03/02/2012, 02/03/2012 & 03/04/2012 and also Ignored my complaint dated 17.01.2012 at the time of Inquiry.
That the aforesaid submission is story of unethical connivance of group of Doctors to damage and spoil the Business being run by me on honesty and principles. The said Dr Upendra Singh left the job in unauthorized way without taking note of our rejection of his Resignation and illegally joins other organization under the umbrella of Dr Usha Bansal (Civil Surgeon) and her team. Many letters issued by us for taking action against him were thrown in the dustbin as neither the seal, lock of the Ultrasound Machine’s room was opened by Dr Upendra Singh nor the keys were returned, not any instructions were given by the Appropriate Authority of the P C and P N D T Act and Rules, to explain his conduct, in this way we were forced by the group of Doctors to shut out our unit which was only source of livelihood for my family. Ultimately I closed the Business and handed over the premises to the landlords since it was not feasible to pay rent and salaries to the staff; on 27.07.2012.There is no consolation or sympathy for me who has been practically ruined by Dr Upendra Singh and the group of Doctors. I hereby solicit careful scrutiny of the documents annexed herewith, so that justice could be done in the matter and guilty officials are punished within the meaning of The Pre-conception & Pre-Natal diagnostic Techniques (Prohibition of Sex selection) Act.
“”VOILATIONS OF THE SECTIONS AND RULES OF the Pre-conception & Pre-Natal diagnostic Techniques (Prohibition of Sex selection) ACT.
42:- Written order of The District level Appropriate Authority, for sealing our premises have not been received by us till date, because she actually did not issue any specific order for sealing my centre’s premises and no advisory committee meeting ever called in the matter, In terms of provisions under Rules No: 19 (2).
Usha Bansal ignored the Provisions of the P C and P N D T Act and Rules Act deliberately, so till date we are entitled to avail opportunity under the provisions of Rules No: 19 (2) of the said Act.
43:- Dr. (Mrs.) Usha Bansal ignored our various letters i.e. 30/09/2011, 05/10/2011, 15/10/2011, & 24/10/2011, (all c.c. to Appropriate Authority) & 04/10/2011, 03/11/2011, 05/12/2011, 04/01/2012, 03/02/2012, 02/03/2012 & 03/04/2012, to Appropriate Authority, it is the violation of section 17 A(a,b,c,) OF The Pre-conception & Pre-Natal diagnostic Techniques (Prohibition of Sex selection)ACT.
44:- Dr. (Mrs.) Usha Bansal Ignored my complaint dated 17.01.2012. it is the violation of section 17 A(a & b))of The Pre-conception & Pre-Natal diagnostic Techniques (Prohibition of Sex selection)Act.
45:- Dr. (Mrs.) Usha Bansal, certainly did not perform the duties allotted to her by the Authorities under Section17 (3) (b) and the Section 17 (4) (a to i) by which she was assigned to act as District Appropriate Authority of the P C and P N D T Act and Rules.
46:- Dr. (Mrs.) Usha Bansal has not made any investigation. Therefore she did not comply with the Section 17 (4) (C).Of the P C and P N D T Act and Rules
47:- Dr. (Mrs.) Usha Bansal has flouted the provisions of Section 17 (4) (d) by not calling the meeting of the Advisory committee.
48:- Dr. (Mrs.) Usha Bansal has violated the provisions of Section 17(4) (f) by not creating awareness against the practice of Sex Determination or Pre-natal Determination of Sex.
49:- Dr (Mrs.) Usha Bansal has not acted at all in term of 17 (4) (g) by not taking care of working, operation and supervision of our centre.
50:- Dr. (Mrs.) Usha Bansal has ignored the guidelines contained in the Section 17 (4) (h &i) of the Act by not following the said Section and sealed our center in a haste.
51:- As Dr Usha Bansal Appropriate Authorities of the P C and P N D T Act and Rules, Dr. Karanjit Singh (Inquiry Officer) and Dr Tejwant Singh recorded that, THIS IS A CASE OF “PERSONAL ENMITY/ANIMOITY” in this regard I humbly request to the Investigating officer, they all three may be called to explain and disclose the facts on which they have made this observation.
52:- I was astonished to find that the report of three Doctors, of Dr Saroj Bala, Dr Gulshan Rai, Dr Rakesh Kashap, contain false and vague remarks having no connection with the facts of the case and apparently, they have signed on the dictated lines.
53:- As they have given no comment on the following factors which are very vital.
A: About the provisions of Rules No: 19 (2) of the P C and P N D T Act and Rules.
B: About the Section17 (3) (b) and the Section 17 (4) (a to i) of District Appropriate Authority of the P C and P N D T Act and Rules.
C: About the Section 17 (4) (C).Of the P C and P N D T Act and Rules.
D: About the provisions of Section 17 (4) (d) of the P C and P N D T Act and Rules,
E: About the provisions of Section 17(4) (f) of the P C and P N D T Act and Rules,
F: About of 17 (4) (g) ) of the P C and P N D T Act and Rules,
G: About the guidelines contained in the Section 17 (4) (h &i) of the Act,
About section 17 A, of the P C and P N D T Act and Rules,
H: About the guidelines contained in the Section 17 A (a) & (b) of the Act.
I: About the rejection of the Resignation of Dr Upendra Singh on the same day i.e. 23.08.2011.
J: About joining back Dr Upendra Singh, tendered leave application for two days which was also rejected looking into the exigency of work.
K: About said Dr Upendra Singh arbitrarily proceeded on leave by locking the Ultrasound Room and did not return to resume his duties.
L: About the state of affairs was being brought to the notice of Appropriate Authorities invariably every month.
M: About, the contradictory information with regards to the timings, permitted to Dr Upendra Singh to work at Scan Lab, as there is huge difference between the statement of Dr Upendra Singh, owner of Scan Lab and the Civil Surgeon Mohali.
N: About the Information contained, as I replied the letter no: PNDT/2012/91 Dated 05.03.2012, immediately on 12.03.2012 and again reminded on 03.04.2012 which was duly acknowledged by the said office.
54: That, it was further desired of the team of doctors to call me to discuss my grievances as per the rejoinder Dated 30.04.2014. But they acted otherwise and submitted their report not based on the facts.
55: That, the acceptance of the report of Dr Karanjit Singh and submission of Dr Usha Bansal by the learned jury of three doctors confirm that the matter merely one sided report not based on the facts has been put up before honorable commission, which is nothing but a eye wash.
56: I have written a letter on 01.07.2013, to the civil surgeon Regarding Ultra sound Machine kept in my house by the team of civil surgeon office with Dr.Bhagat,Dr. Tmana,Dr.Seema,Dr.Sarita, by violating the PNDT Act provisions to may please keep that sealed ultra Sound Machine in the custody of the Appropriate Authorities Mohali.
UNLAWFUL DONE
57: Dr (Mrs.) Usha Bansal (Appropriate Authority) was further required to serve notice to us for intimating reasons to seal our premises and get a receipt from us to this effect
58: Dr. (Mrs.) Usha Bansal thus passed clear defamation to us as well as lowered image of our Center which was being run for the last 19 years.
59: Dr. (Mrs.) Usha Bansal sealed the premises of Apex Diagnostic Center, owned by me in my absence on 04.04.2012.
60: Neither any order was issued by the Appropriate Authority to the sealing team, to seal, nor any notice served upon me, violation of rule No: 12of the Act. at the time of sealing the premises on 04.04.2012.
61: Required notice has not been served upon to me, after sealing the premises
62: No any Section of the P C and P N D T Act and Rules allows to seal /seizure, in the absence of the owner of the center.
63: It is mandatory, in the P C and P N D T Act and Rules, the presences of two or more persons as INDIPENDENT WITNESSES for said purpose, whereas the same was not complied with. Violation of rule No: 12of the Act
64: our Center was being inspected periodically by the Appropriate Authority under the P C and P N D T Act and Rules, but no any deficiencies/irregularities detected in our functioning was ever noticed or pointed out to us during all these years.
65: Therefore the act of Dr. (Mrs.) Usha Bansal to seal our premises was arbitrary and unlawful thus, she may not be given the benefits under section 31, of the P C and P N D T Act and Rules.
66: Dr (Mrs.) Usha Bansal (Appropriate Authority) Ignored my complaint regarding the working timings, granted by Appropriate Authorities of the P C and P N D T Act and Rules, to Upendra Singh (Radiologist) who was found flouting the terms and conditions of permission granted to him with regard to his working at Indus Scan Lab, Phase 3b2, Mohali.
67: Dr. (Mrs.) Usha Bansal, Appropriate Authority, Ignored my complaint dated 17.01.2012.Dr (Mrs.) Usha Bansal can be sued for the false, vague and defamatory remarks.
68: Dr. (Mrs.) Usha Bansal has sealed our premises instead of Ultrasound Machines without serving specific order/intimation and specific reasons to do so, thus deprived us of our Business which made us to surrender our License/Registration Certificate and close the Business due to arbitrary action.
69: Dr. (Mrs.) Usha Bansal who ignored our representation dated 12.03.2012 and went into unlawful action as per her whims and fancies. Therefore Dr. (Mrs.) Usha Bansal did not comply with the Section 17 (4) (C) of the P C and P N D T Act.
70: THAT, IN TERMS OF SECTION 17 (4) (d) Dr. (Mrs.) Usha Bansal Appropriate Authority of the P C and P N D T Act and Rules required to call the Meeting of Advisory Committee under the sub Section 5 and take action against our Center as per the advice of the said Advisory Committee. It is placed on records that no such Meeting of the Advisory Committee was ever called and no any advice/order has been issued by the Advisory Committee to seal our premises, thus Dr. (Mrs.) Usha Bansal sealed our Center at her own and flouted the provisions of above mentioned Section 17 (4) (d).
71: THAT, IN TERMS OF SECTION 17 (4) (f) since our Center was not indulged into use of any Sex determination therefore action of Dr. (Mrs.) Usha Bansal was unwarranted. Further instead of creating awareness against the practice of Sex Determination or pre-natal Determination of Sex the act of Dr. (Mrs.) Usha Bansal brought Defamation and Social stigma to us being owner of the center. As such Dr. (Mrs.) Usha Bansal has violated the provisions of above mentioned Section 17(4) (f).
72: THAT, IN TERMS OF SECTION 17 (4) (g) as Dr (Mrs.) Usha Bansal has not acted at all in term of 17 (4) (g) of the Act as far as working, operation and supervision of our center is concerned as under:
73: That, I informed on 04.10.2011 that Dr Upendra Singh (Radiologist) is absent. Instead of immediate inspection and appropriate action which Dr. (Mrs.) Usha Bansal did not take, rather deliberately our Center was inspected on 17.02.2012, after 4 months. As such Dr. (Mrs.) Usha Bansal has violated the provisions of above mentioned Section 17(4) (g) Section.
74: As Government of India held a special meeting of P C P N D T and stressed about multiple Registration i.e. one Radiologist registered at more than one center TIMING SHOULD BE SCRUTINIZED AND INSPECTED, for which Dr. (Mrs.) Usha Bansal did not take any action even on our repeated information /complaints given to her but in a haste she has sealed our premises in violation of the norms under the P C and P N D T Act and Rules.
75: Dr. (Mrs.) Usha Bansal Appropriate Authority of the P C and P N D T Act and Rules has not cared for the guidelines contained in the Section 17 (4) (h &i) of the Act and in a haste she has sealed our premises without taking care of the facts that she is bound to implement the guidelines of the P C and P N D T Act and Rules.
76: THAT, IN TERMS OF SECTION 17A as Dr. (Mrs.) Usha Bansal has not acted at all in term of 17 A, Dr. (Mrs.) Usha Bansal has violated the provisions of above mentioned Section 17 A (a) & (b), as under :
1: That she has neither made any investigation nor SUMMONED me although I informed her that Dr. Upendra Singh is violating the provisions of the P C and P N D T Act and Rules and indulged into unethical into the complaints made by us on the various occasions.
2: That she has not paid any heeds to our written request dated 17.01.2012, to search/check/action on the Indus Lab immediately which would established about the unethical practices were going on.
77: Dr. (Mrs.) Usha Bansal has not cared for the guidelines contained in the Section 17 A (a) & (b) of the Act.
78: Letter by Dr. Karanjit Singh (Inquiry Officer) for inquiry proceedings Issued on 18.10.2012, Date of Inquiry proceedings fixed for 30.10.2012. Letter dispatched by Dr. Karanjit Singh’s office on 16.11.2012. Letter received by me on 26.11.2012 under ordinary post.
79: Letter by Dr. Karanjit Singh (Inquiry Officer) for inquiry proceedings Issued on 18.12.2012, Inquiry proceedings fixed for 04.01.2013, Letter dispatched by Dr. Karanjit Singh’s office on 24.01.2013. Letter received by me on 28.01.2013 under regd. post.
80: On 05.02.2013 Dr. Karanjit Singh (Inquiry Officer) allowed me to cross examine Dr. Usha Bansal on the next date of Inquiry proceedings fixed for 27.02.2013 which was again postponed on 20.03.2013 but on that Dr. Karanjit Singh (Inquiry Officer) disallowed me to cross examine Dr. Usha Bansal, contrary to his earlier decision dated 05.02.2013.
81: Dr. Karanjit Singh (Inquiry Officer) did not consider numbers of our letters and ignored our various letters i.e. 30/09/2011, 05/10/2011, 15/10/2011, & 24/10/2011,( all c.c. to Appropriate Authority)& 04/10/2011, 03/11/2011, 05/12/2011, 04/01/2012, 03/02/2012, 02/03/2012 & 03/04/2012.
82: Dr. Karanjit Singh (Inquiry Officer) mentioned in his Inquiry Report that proprietor should have to inform to Appropriate Authorities about the absence of the Radiologist, whereas informed to Appropriate authorities that Dr. Upendra Singh was absent, vide my letters dated 04/10/2011, 03/11/2011, 05/12/2011, 04/01/2012, 03/02/2012, 02/03/2012 & 03/04/2012.
85: As Dr. Karanjit Singh (Inquiry Officer) recorded in the Inquiry Report that, THIS IS A CASE OF “PERSONAL ENMITY/ANIMOITY
To strength my above said statement merit kindly go through alleged conduct of Dr Upendra Singh
1: Red Card of Sikh Riot Victim of 1984, No: 1743 of 1986, obtained wrongfully by Upendra Singh R/O Kothi No. 32, Phase: 2, Mohali.
2: Cheated the State exchequer by using above mentioned RED CARD.
3: he took away the keys of ultra sound Room unlawfully on 16.09.2011
4: He made a false Police Complaint against me 28.02.2012 at Phase-1 Police Station Mohali in which he allegedly stated that the undersigned has recruited persons and threatened him to ruin him and his family.
Whereas noting of this sort could be ascertained by the Mohali Police in this regards and the said complaint was filed, but this action tarnished my reputation among my friends and relatives.
5: Then he filed another complaint to the Labor Department just to harass me whereas he himself was not covered under said Law as not being workmen.
6: He may be asked to furnish Declaration Performa attached so that it can be proved beyond doubt he obtained double salary.
The above statement is true to the best of my knowledge and belief. It is pertinent to mention that Dr Upendra Singh is known for his criminal intent.
I had come to your good self for justice as my total business has been closed due to unlawful activities of Dr Upendra Singh and his unethical connivance with the Appropriate Authorities and Health Department. Sir it is not a matter of family dispute but it is a total ruin of a person whose family was totally depending on the earning from the Apex Diagnostic Centre, which had to close due to the reasons mentioned above.
I also humbly request to that, all six officials may be called to explain and disclose the facts on which they have made this observation and provide me the opportunity to cross examine those i.e. Dr. Usha Bansal, Dr Tejwant Singh,Dr. Karanjit Singh, Dr Saroj Bala, Dr Gulshan Rai and Dr Rakesh Kashap so that all the facts can be proved and you may arrive at a just and fair conclusion in order to grant me natural justice.
Your good self may also call Dr Upendra Singh for cross examination on any date fixed for the purpose.
Thanking you.
DIPENDRA SINGH MALKA
9417360145
Date: 12/07/2017
