He Had Labour Pain?: Madhya Pradesh HC Orders Action Against Man Who Produced Fake Medical Documents Seeking Reinstatement In Service

Justice Atul Sreedharan was dealing with a writ petition, wherein the Petitioner was challenging the order passed by his employers, whereby his representation to condone his absence for the period from 2003 to 2006 on the grounds of serious illness and his reinstatement in service, was rejected.

The Petitioner submitted before the Court that he was a patient of heart disease and was taking treatment continuously from various doctors. Due to the same, he was away without leave for the duration on account of which, his services were terminated by his employer.

The Court noted that in his declaration, the Petitioner had mentioned that it was his third petition before the Court, whereas the State submitted that he had missed out on mentioning one more petition. It observed that the Petitioner had filed several documents relating to his alleged cardiac problem, such as certificates and prescriptions, which were without signatures of the doctors. The Court further noted that he also brought on record, many OPD tickets and treatment slips, which were of government run medical institutions.

The Court drew its attention to one medical document in particular, submitted by the Petitioner, reflecting that he was having labour pains-

While perusing the documents relating to his affliction this Court realised that the Petitioner maybe a person of immense interest to the medical community. At page 39, is an admission slip issued in the name of the Petitioner by the Samuhik Swasthya Kendra (place not mentioned) dated 29/09/11, wherein it is written "C/O Amenorrhea 9 month labour pain start since today morning 5 A.M". In other words, the Petitioner, a male aged 33 years (as on 29/09/11) was wheeled into the labour room with labour pains. Perhaps, yet another case of immaculate conception with no available details of the messiah born therefrom.

The Court opined that the Petitioner unabashedly filed fake documents with utter disdain and disregard for the Court-

In all probability, the Petitioner visited the Primary Health Centre and found the admission slip in question, discarded by the doctor, without the patients name and details, which was picked up by the Petitioner who entered his name and date in space provided and used it as a slip issued to him in order to show that he is undergoing treatment. He apparently was unable to understand the diagnosis requiring admission into the PHC which was written in English.

With the aforesaid observations, the Court dismissed the petition and further requested its Registrar General to file a complaint case against the Petitioner-

Under the circumstances, the Registrar General is requested to proceed in accordance with law and file a complaint case before the appropriate Court having jurisdiction to try an offence against the petitioner for offences under Sections 468, 471 and such other provisions under the IPC or any other law in force under which the petitioner may be prosecuted.

Case Title: Atul Kumar Tiwari v. State of MP & Ors.

Citation: 2022 LiveLaw (MP) 77

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