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Government Order Appointing New Medical Superintendent Kicks up Controversy in Kashmir

The transfer of Medical Superintendent of Kashmir Health Service on Nov 13 kicked up a row. (File photo: Directorate of Health Services)

An order that shifted out a hospital administrator and posted another has kicked up a row with former health functionaries in Srinagar raising questions.

  • Last Updated:November 13, 2021, 21:55 IST

A government order that shifted out a hospital administrator and posted another has kicked up a row with former health functionaries in Srinagar raising questions over how a junior officer “transgressed" the authority of a senior. What is surprising is instead of being reprimanded he got an endorsement from the boss.

The controversy started when Mustaq Ahmad Rather, Director, Health Services, Kashmir (DHSK) ordered the transfer of Dr Shabir Siddiqui, Medical Superintendent (MS), Lal Ded Hospital and deputed another in his position even as the transfer and posting of MS Lal Ded falls within the jurisdiction of Samia Rashid, principal, Government Medical College, Srinagar. Vivek Bhardwaj, Additional Chief Secretary, Health and Medical Education, who heads Health and Medical Education, however, endorsed the DHSK’s move in a separate order that ironically was issued two days after the first order.

A former health secretary of Jammu and Kashmir said as a rule the transfer order should have come from the top (current secretary) and that DSHK “exceeded its brief". “I don’t recall such a thing having happened in the past," he said.

Bhardwaj, an IAS officer of the West Bengal cadre who was recently posted in Jammu and Kashmir, forget that Dr Rather is an interim director and not permanent. Therefore, his authority is not final and he can’t decide about crucial matters. Plus Principal GMC, who is the ex-offico secretary, was bypassed by the director who is junior in qualification, service and experience.

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On Wednesday, Dr Rather had ordered the transfer and posting of Dr Shabir Siddiqui, Consultant Anaesthesiology presently working as in-charge Medical Superintendent Lal Ded Hospital on Wednesday. He has been ordered to report to the DHSK for working as the Nodal Officer for the establishment of intensive care units in Kashmir. In his position, he placed Dr Muzaffar Hussain Sherwani, a medical officer by rank as medical superintendent, Lal Ded Hospital which again is seen as a “breach" of domain considering it can be done by Rashid or Bhardwaj.

Lal Ded and other major hospitals like SMHS, Chest Disease and Bone and Joints, Barzalla are run by GMC while all the district, sub-district hospitals, dispensaries function under DHSK. Simply put, the GMC and DHSK have different jurisdictions and as per the rulebook and the two don’t interfere in each other’s areas of operation. However, the health secretary is the overall boss of the two departments.

Former health functionaries who worked in both the departments believe the director had exceeded his by issuing the transfer order even when he was told so.

Sources said when he issued the transfer order, Samia Rashid, GMC Principal, took it as an affront to her position. She is believed to have written a letter to Bhardwaj protesting the “intrusion" of the DHSK into her area of control.

Defending the decision of DHSK, Bhardwaj said the MS being an employee of health can be called back by the director. Though he skirted the question of whether the health director had the authority to post a new medical superintendent at Lal Ded.

Later, Bhardwaj issued a fresh order trying to put to rest the controversy.

“The medical superintendent is a consultant and therefore an employee under the Director. The DHS is well within its rights to transfer its employees,” said the order.

However, former health officials told News 18 the DSHK order flouted government norms. “Administrative powers are vested as per positions. There are clear business schedules and authority," a former health secretary told News 18 on condition of anonymity.

“There would have been no issue at all had the secretary issued orders in the first place. He has all the powers," he added.

“A director is in charge of the peripheral health system and he has neither any authority nor any business to infringe into GMC run associated hospital," said a former GMC principal.

“Even if the director was given a nod, he should have known where his mandate ends," the official thundered.

He said such indiscipline should be avoided as it can ruin institutions. “Following rules and respecting domain spaces is crucial," he added.

Dr Mir Mushtaq, the spokesman for DSHK, said the director was following orders of superiors and proof of that was his order was endorsed rather than rolled back.

GMC principal Samia Rashid did not offer any comment.

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first published:November 13, 2021, 21:55 IST