HC stays GMC dean transfer, pulls up Mungantiwar, Tawde

Nagpur: Censuring respondents including finance minister Sudhir Mungantiwar and education minister Vinod Tawde, Nagpur bench of Bombay High Court on Monday stayed the transfer of Government Medical College (GMC) and Hospital dean Dr Abhimanyu Niswade asked the latter to resume duties before 11am on Tuesday.
He was shunted out as a fallout of case of Dr Makrand Vyawahare, head of GMCH’s Forensic Science Department, whom the students have accused of their sexual and mental harassment.A division bench of Justice Bhushan Gavai and Justice Pradeep Deshmukh also stayed the transfer of secretary of Maharashtra State Medical Teachers Association (MSMTA) from GMCH Dr Sameer Golawar. Both were allegedly shunted out on Vyawhare‘s complaint that they were instigating students against him.
The court issued notices to all 11 respondents, including ministers and secretary of Medical Education and Drugs Department, asking them to reply before Thursday, fixed as next date of hearing. Mumbai-based Directorate of Medical Education and Research (DMER), medical education director Pravin Shingare, commissioner of police, Ajni Police station inspector, Dr Vyawahare, Dr Niswade, Dr Golawar and Dr Pradeep Dixit, holding additional charge of GMC dean, are other respondents in the PIL filed by social worker Trisharan Sahare through senior counsel Sunil Manohar and Akshay Naik.
While passing strictures against the cabinet ministers, the judges remarked that Niswade’s shunting was done with the mala fide intention by the authorities. They added that respondents were favouring Vyawahare as he was a close relative of one of the ministers (Mungantiwar). “The people’s representatives should work in people’s interests and should give it a priority before making such moves,” the judges said.
Citing service rules, Justice Gavai and Justice Deshmukh pointed out that midterm transfers were carried out with a concrete reason but in Niswade’s case, it was mentioned “for administrative reasons” without any explanation. They reminded that ever since Niswade took over as GMC dean last year, there has been a dramatic change in the overall functioning and even the chief secretary had applauded the dean’s efforts.
The petitioner alleged that two ministers were protecting Vyawahare even though latter was facing serious allegations of sexual harassment and torturous behaviour from a female student. He added that refusal of Ajni Police station to lodge FIR against Vyawahare clearly indicated that entire medical system had been held to ransom by the respondents, including the ministers. The fallout of DMER’s illegal actions in protecting Vyawahare had resulted into Niswade and Golawar being transferred as they refused to bow to diktats of superiors.
Sahare claimed their transfers would adversely affect the functioning and development programmes of GMC. He prayed for directives to respondents to reconstitute women’s complaint redressal grievance committee in GMC which would complete enquiry against Vyawahare for allegations of sexual harassment against him. He demanded that respondents, including ministers should stop interfering into GMC’s affairs and further enquiries. He also insisted on producing enquiry report of probe panel submitted on November 25 and lodging of FIR by the police.