Service rule - ccs ma rules

You are aware all these issues are relative and hypothitical, it is ultimately the authority that has to decide on facts of the case.  Employer is always right, and they may be having such reasons.  

Please discuss case history and the background for reference to medical board and the reasons for not accepting the Board's opinion?

No opinion on assumption basis can help you to solve your problem.

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Your queries as under, please provide details /facts

a)  Can my office ignore the medical board opinion which it had sought and received?

Do you have a copy and knowledge of the Medical Board opinion.  If  Medical expert  as a Board has given opinion, in routine matters of leave, others can not order some other thing, that appears to mean no confidence or no trust on the efficiency of their own Medical Board.

(b)  Can another medical board be constituted over a Medical Board by my office?

In routine matters, constituting another Medical Board also involves time and expenditure, which must be justified and those authorities must have powers to over rule such opinions and to order for another Board.

(c)  Can I be allowed to return to duty without Medical fitness certificate from Medical Board and hospital where I availed treatment and  was discharged without fitness certificate?

According to my knowledge, providing fitness certificate was only stated, and I have yet to come across any specific instance where authorities order for production of Fitness certificate, as per their choice generally and in normal circumstances.  If there is a provision in rules and regulations, employee has nothing to lose, by appearing before the concerned doctor of employer's choice and naturally it should be at the cost of employer only.

(d)  Can my office deny/delay medical care as I could not appear at subsequent medical boards which were constituted away from my headquarters.

What is this delay/deny in medical care.  What is the exact issue ?  Sanction of leave or reimbursement of medical expenses ?  Were you  still sick and under medical care  when you were asked to appear before the second Board.  Have you communicated to employer your inability to attend before the II Board with valid reasons ?  Was there any response or reiteration of the orders ?

Can all this happen in Central Government Depts in normal circumstances ?  What is your designation and assigned roles ?  

What prevents you from posting the complete facts?

Medical boards – 2013 and 2015

 I was referred to Standing Medical Board, in March 2013, for opinion about fitness or otherwise for continuing in Government service.  The medical board, in Aug 2013, certified my diagnosis and also mentioned that relaxed working conditions should be allowed for me in the same certificate.  However, my office has not acted on the medical board certificate till dte.  Given my health condition, I am not able to carry out the entire range of official work allotted to me on a day-to-day basis.  CGHS authorities were approached by my office after a gap of about two years after the receipt of the Medical board opinion, in July 2015, to ascertain the genuineness of the Medical Board certificate.  CGHS too opined that the Medical board opinion given two years back is genuine and that the opinion of the medical board should be considered.  Even this CGHS opinion was ignored.  Further, medical boards were again constituted away from my headquarters in July and August of 2015.  Due to health complications while travelling to such Medical boards outside my Headquarters, I could not appear at the medical boards at the scheduled time.     

02.  A charge sheet has been issued in Oct 2016 for not appearing at the Medical Boards, among other issues.    

Medical treatment – 2014 and 2015

03.  On the medical treatment side, I was allowed by my office to avail inpatient treatment at an Ayurveda Hospital in Kerala in Nov 2014.  I was discharged after a week's time without fitness certificate and advised to get re-admitted in April 2015.  Thereafter, though my office paid the hospital the medical advance for the continuation treatment, I was never allowed to proceed to Kerala.  Till date the treatment has not been availed by me.   

Change of headquarters - 2015

04. In the meantime, i.e., in Jan 2015 was transferred to another state.  My spouse being a State Govt employee was not eligible for a posting at my new place of posting in another State.   

05.  At my new place of posting, due to work pressure, I had to be admitted to various hospitals on emergency basis on four occasions within a period of four months ( Feb-June 2015) for the same medical issues mentioned in the 2013 Medical Board certificate.     

06.  At my new place of posting, I was issued an order desisting me from entering office or discharging any official duties from 04 June 2015.     

07.  Government quarters allotted was cancelled immediately after the desisting order was issued.   

08.  Salary stoppage order was issued in the month of March 2017 citing reconciliation was due regarding my leave account and salary paid since joining service, i.e., since Jan 2000.   

2017

09.  I was allowed to return back to office from 29 May 2017 by cancelling the desisting order of 4 Jun 2015.   

10.  In Jun 2017, I had my health condition reviewed by Govt ayurveda specialists at the Headquarters of my spouse where I am staying.  I was advised to go for inpatient treatment for my existing ailments and no fitness certificate was given.     

11.  I have submitted the latest medical certificates issued by Govt specialists in Jun 2017 to my office and have asked for permission to avail inpatient treatment at Kerala which was also pending since April 2015.   

12.  My queries are:- 

(a)  Can my office ignore the medical board opinion which it had sought and received? 

(b)  Can another medical board be constituted over a Medical Board by my office? 

(c)  Can I be allowed to return to duty without Medical fitness certificate from Medical Board and hospitals where I availed treatment and  was discharged without fitness certificate? 

(d)  Can my office deny/delay medical care as I could not appear at subsequent medical boards which were constituted away from my headquarters?   

Please let me know the factual position as per applicable rules. Also, I would like to get in touch with you to discuss further the above issues.  Please let me know your convenient time. 

Thanking you,

Medical boards – 2013 and 2015

 I was referred to Standing Medical Board, in March 2013, for opinion about fitness or otherwise for continuing in Government service.  The medical board, in Aug 2013, certified my diagnosis and also mentioned that relaxed working conditions should be allowed for me in the same certificate.  However, my office has not acted on the medical board certificate till dte.  Given my health condition, I am not able to carry out the entire range of official work allotted to me on a day-to-day basis.  CGHS authorities were approached by my office after a gap of about two years after the receipt of the Medical board opinion, in July 2015, to ascertain the genuineness of the Medical Board certificate.  CGHS too opined that the Medical board opinion given two years back is genuine and that the opinion of the medical board should be considered.  Even this CGHS opinion was ignored.  Further, medical boards were again constituted away from my headquarters in July and August of 2015.  Due to health complications while travelling to such Medical boards outside my Headquarters, I could not appear at the medical boards at the scheduled time.     

02.  A charge sheet has been issued in Oct 2016 for not appearing at the Medical Boards, among other issues.    

Medical treatment – 2014 and 2015

03.  On the medical treatment side, I was allowed by my office to avail inpatient treatment at an Ayurveda Hospital in Kerala in Nov 2014.  I was discharged after a week's time without fitness certificate and advised to get re-admitted in April 2015.  Thereafter, though my office paid the hospital the medical advance for the continuation treatment, I was never allowed to proceed to Kerala.  Till date the treatment has not been availed by me.   

Change of headquarters - 2015

04. In the meantime, i.e., in Jan 2015 was transferred to another state.  My spouse being a State Govt employee was not eligible for a posting at my new place of posting in another State.   

05.  At my new place of posting, due to work pressure, I had to be admitted to various hospitals on emergency basis on four occasions within a period of four months ( Feb-June 2015) for the same medical issues mentioned in the 2013 Medical Board certificate.     

06.  At my new place of posting, I was issued an order desisting me from entering office or discharging any official duties from 04 June 2015.     

07.  Government quarters allotted was cancelled immediately after the desisting order was issued.   

08.  Salary stoppage order was issued in the month of March 2017 citing reconciliation was due regarding my leave account and salary paid since joining service, i.e., since Jan 2000.   

2017

09.  I was allowed to return back to office from 29 May 2017 by cancelling the desisting order of 4 Jun 2015.   

10.  In Jun 2017, I had my health condition reviewed by Govt ayurveda specialists at the Headquarters of my spouse where I am staying.  I was advised to go for inpatient treatment for my existing ailments and no fitness certificate was given.     

11.  I have submitted the latest medical certificates issued by Govt specialists in Jun 2017 to my office and have asked for permission to avail inpatient treatment at Kerala which was also pending since April 2015.   

12.  My queries are:- 

(a)  Can my office ignore the medical board opinion which it had sought and received? 

(b)  Can another medical board be constituted over a Medical Board by my office? 

(c)  Can I be allowed to return to duty without Medical fitness certificate from Medical Board and hospitals where I availed treatment and  was discharged without fitness certificate? 

(d)  Can my office deny/delay medical care as I could not appear at subsequent medical boards which were constituted away from my headquarters?   

Please let me know the factual position as per applicable rules. Also, I would like to get in touch with you to discuss further the above issues.  Please let me know your convenient time. 

Thanking you,

Dear Venuji,

The background issues are given below:-

Medical boards – 2013 and 2015

 I was referred to Standing Medical Board, in March 2013, for opinion about fitness or otherwise for continuing in Government service.  The medical board, in Aug 2013, certified my diagnosis and also mentioned that relaxed working conditions should be allowed for me in the same certificate.  However, my office has not acted on the medical board certificate till dte.  Given my health condition, I am not able to carry out the entire range of official work allotted to me on a day-to-day basis.  CGHS authorities were approached by my office after a gap of about two years after the receipt of the Medical board opinion, in July 2015, to ascertain the genuineness of the Medical Board certificate.  CGHS too opined that the Medical board opinion given two years back is genuine and that the opinion of the medical board should be considered.  Even this CGHS opinion was ignored.  Further, medical boards were again constituted away from my headquarters in July and August of 2015.  Due to health complications while travelling to such Medical boards outside my Headquarters, I could not appear at the medical boards at the scheduled time.     

02.  A charge sheet has been issued in Oct 2016 for not appearing at the Medical Boards, among other issues.    

Medical treatment – 2014 and 2015

03.  On the medical treatment side, I was allowed by my office to avail inpatient treatment at an Ayurveda Hospital in Kerala in Nov 2014.  I was discharged after a week's time without fitness certificate and advised to get re-admitted in April 2015.  Thereafter, though my office paid the hospital the medical advance for the continuation treatment, I was never allowed to proceed to Kerala.  Till date the treatment has not been availed by me.   

Change of headquarters - 2015

04. In the meantime, i.e., in Jan 2015 was transferred to another state.  My spouse being a State Govt employee was not eligible for a posting at my new place of posting in another State.   

05.  At my new place of posting, due to work pressure, I had to be admitted to various hospitals on emergency basis on four occasions within a period of four months ( Feb-June 2015) for the same medical issues mentioned in the 2013 Medical Board certificate.     

06.  At my new place of posting, I was issued an order desisting me from entering office or discharging any official duties from 04 June 2015.     

07.  Government quarters allotted was cancelled immediately after the desisting order was issued.   

08.  Salary stoppage order was issued in the month of March 2017 citing reconciliation was due regarding my leave account and salary paid since joining service, i.e., since Jan 2000.   

2017

09.  I was allowed to return back to office from 29 May 2017 by cancelling the desisting order of 4 Jun 2015.   

10.  In Jun 2017, I had my health condition reviewed by Govt ayurveda specialists at the Headquarters of my spouse where I am staying.  I was advised to go for inpatient treatment for my existing ailments and no fitness certificate was given.     

11.  I have submitted the latest medical certificates issued by Govt specialists in Jun 2017 to my office and have asked for permission to avail inpatient treatment at Kerala which was also pending since April 2015.   

12.  My queries are:- 

(a)  Can my office ignore the medical board opinion which it had sought and received? 

(b)  Can another medical board be constituted over a Medical Board by my office? 

(c)  Can I be allowed to return to duty without Medical fitness certificate from Medical Board and hospitals where I availed treatment and  was discharged without fitness certificate? 

(d)  Can my office deny/delay medical care as I could not appear at subsequent medical boards which were constituted away from my headquarters?   

Please let me know the factual position as per applicable rules. Also, I would like to get in touch with you to discuss further the above issues.  Please let me know your convenient time. 

Thanking you,

In view of your descriptttion, I wonder, why you have been tolerating the instances of willful harassment by the authorities of your office so far! You or even your wife could have dragged the concerned officers, including the Secretary of your Department, to the court of law after due notice under CPC 80 for their deliberate harassment and criminal intimidation to play with your life.

However, I have the following opinion on your questions:

Anout your Charge Sheet case, you can requisition the documents pertaining to first Medical Board's opinion, CGHS opinion, and the official notings from bottom to top of the heirarchy, as additional documents for the purpose of your defence in the case. Let the department prove justification of constituting the 2nd Medical Board. But, your defence asistant should be quite bold and effective with sound knowledge of rules and regulations to establish the charge to have been made with malfide intention of the authorities.

As I have suggested in your earlier posting, there are deeper issues. Though you had concurred, but evaded posting the real facts as well the issues.

Again the same scenerio is being repeated. Moreover, you are trying to mislead as well. How CS(MA) Rules are relevant to the issues you have suggested. 

Please post complete but simple facts devoid of adjectives and personal opinions.