JUDGMENT M. Katju and Yatindra Singh, JJ.
1. The petitioner is challenging the suspension order dated 26.11.2002, Annexure-1 to the petition and transfer order dated 14.11.2002, Annexure-13 to the petition.
2. As regards the transfer order dated 14.11.2002 it has been challenged earlier in Writ Petition No. 51307 of 2002, Annexure-4 to the present writ petition which is pending. As regards the suspension order a perusal of the F.I.R. dated 13.9.2002, Annexure-2 to the petition reveals that a horrible incident happened in District Women Hospital, Ballia under the nose of the petitioner namely Dr. Neena Singh who was the Chief Medical Superintendent of this hospital.
3. It appears that the first informant's wife, who was pregnant, had been admitted in this hospital on 9.9.2002. In the labour room some nurses started pulling the child from her womb due to which she shouted in pain and when some part of the baby came out of the womb it slipped from the hands of a nurse and it remained hanging for some time and then its neck broke. Then the nurse Geeta came with a sharp edged weapon and with it she cut the neck of the child leaving the head of the child in the womb and the torso came out and was quivering for sometime. When the informant's mother seeing this whole horrible scene started shouting, the nurse Geeta told her to keep quiet threatening that the same will be done to the child's mother as was done to the child.
4. The petitioner was the Chief Medical Superintendent of the hospital and she can not escape responsibility of the horrible incident. In such matters the head of the department must take the responsibility. Moreover, we are of the opinion that considering the facts this is not a fit case for exercise of discretion under Article 226 of the Constitution. The petition is dismissed.