Writ maintainable or not

Hello sirs/madams, my client didn't apply for the maternity benefit scheme under the government. But the doctor in the govt hospital misused my client name and receives the benefit under the govt scheme. My client didn't receives any benefit too. Whether the writ is maintainable for seeking the direction for dismiss the govt doctor . pls tell any other options to punish the doctor. I have already gave a complaint to the medical council bit they didn't take any actions.

Sakthevael will u please explain the detaisl of fact of case in precise manner.

With out know fact of case how to say whether it is maintainable or not is not possible.

How can doctor can take benefit of client pens?

If u like my suggestion then GIVE THANK on my profile.


Dear sir, client had been taken maternity treatment in munucipality hospital. In that hospital she didnt apply for the. Dr.muthulakshmi reddy maternity benefit scheme. Later on she applied maternity benefit in labour wellfare board . But they rejected her application on the ground that she received benefit under dr.muthulakshmi reddy maternity n.benefit scheme.the LWB also printed it inher book with the application number of dr. muthulakshmi reddy scheme. How it happens.whi appied for the scheme in my clients name. The hospital chief doctor is responsible for that. Because without his knowledge the all the applications could not be applied. She didnt give any response when approached her regarding the issue. The LWB asked me to get the letter from the doctor and nurse that she did not applied maternity benefit under dr. Muthulakshmi reddy scheme. But the doctor will not ready to give the letter and try to threaten my client. I already gave compaint to the medical council and public health department collector office. But there is no response. Now what can i do. I decided to file a writ ask ask the court to dismiss the doctor

Pls give me an idea regarding the issue

You complain  to medical council of India and   also file medical malpractice suit, cheating etc cases aginst the doctors crimina activities. MCI will dismiss her from Government  service.You keep all evidence ready against the doctor with  you. If you appreciate this  reply please click thank you button on this forum.


Approach  highcourt  and  pray for  constitution of  SIT for  conducting a thorough   inquiry into  the   entire episode.The  team should consist of a police officer, a retired High Court Judge and  a civil society  member with impeccable credentials. Once the SIT probes and inquires into the entire matter  and the culpability of the chief  Doctor, Lady Doctor and The Nurse in using the  Maternity Benefiot scheme for   their own benefit instead of your client and submits  a report the High court and  would issue directions  in Mandamus petition to State Government  to Public Health Department, The Hospital, The Chief Doctor.The Lady Doctor, The Nurse as  oppositeparties to the  writ petition.

W Once  the skeletons are tumbled out from cupboard the chief doctor and the lady doctor nurse etc  how using your clients  name abused  their position and  used her money through Muthulakshmi Maternity benefit Sceme  would come out.The Highcourt once there  culpability is councxil;  ofproved may give dsirections to the 'State Governmnt to diusmiss them from service.The  Medical council of Indi a may debar them from  medical practice for  a reasonable period of time.If you APPRECIATE THIS ANSWER PLEASECLICK THE  THANK YOU BUTTON ON THIS FORUM.


1st the FIR is must because it is a fraud case. If the police did not take any action you may file in high court regarding registration of FIR. You have no authority to suspend any Govt. servant. It is the duty of the Govt. who is the appointing authority. only appointing authority can do that.

If you client file FIR them his/her work is already over. After the registration the Govt. will take action against that doctor.


Jyotirmaya Prasad Behera

Advocate, Orissa High Court





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