Directions sought for MOs issuing disability certificates

Vijay Arora

Legal Correspondent

Shimla, July 17

Taking a tough stand on the note appended with the disability certificates issued by the medical officers that the same would not be valid for court cases or for claiming compensations, the H.P High Court today directed the Additional Chief Secretary (Health) to look into matter and issue necessary directions/instructions in this regard within four weeks and file compliance report by August 19.

While passing this direction, a division bench comprising Justice Tarlok Singh Chauhan and Justice Jyotsna Rewal Dua observed that, “This court has come across a number of cases wherein medical officers, including Chief Medical Officers, day-in and day-out, are issuing disability certificates with the note that the same would not be valid for court cases or for claiming compensations.

The bench further said, “Once a certificate is issued by a medical officer, he cannot be permitted to back out from the contents contained in the said certificate fearing any prosecution, criminal or contempt of the courts. Once produced in a court of law, the court is bound to see whether the medical officer has the authority or not to issue such kinds of certificates and in case the contents of same are found false in whole or in part, then obviously, the Medical Officer issuing such certificate is liable for penal, departmental or any other action that may be warranted under law.”

The bench further observed, “We are convinced that this note has been appended only with the intent that the officer issuing the certificate may not be hauled up before the court or tribunal, if eventually such certificate is found to be false in whole or in part. The court cannot approve this.”

The court passed this order while dealing with a petition wherein the petitioner has sought quashing of her transfer order on the basis of a disability certificate issued by a medical officer with a note that “this certificate would not be valid for court cases and for claiming compensations.”

Taking a cognizance on this note the court observed that “it is high time that there is an end to this practice or else this would give impetus to the medical officers whether they be government doctors or private practitioners to issue such certificates which have no judicial relevance and are inadmissible and are nothing short of being false and fabricated certificates and can thus be grossly misused.”