Cautions of disciplinary action
KOHIMA, NOVEMBER 3 (MExN): The Government of Nagaland has pointed out that the ongoing Nagaland In-Service Doctors Association (NIDA) indefinite strike which began on October 28 is against the Government Servants Conduct Rules. The NIDA has been agitating in pursuance of its demands for increase in superannuation age from 60 to 62 years.
A notice issued through the DIPR drew attention to Rule 25 of the Nagaland Government Servants Conduct Rules, 1968 that prohibits Government Servants from participating in any form of strike or in any way, abet any form of strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also in several judgments agreed that going on strike is a grave misconduct under the Conduct Rules and should be dealt with it in accordance with law, it informed.
Further it said that maintenance of public health and sanitation including Hospitals and dispensaries are essential services under the Nagaland Essential Service (Maintenance) Act, 1978. “The proposed stir will cause severe disruption in medical care/public health services and is therefore, liable to endanger the life, health and security of the people of the State. This will tantamount to violating the provisions of the Act and invite penal action,” it added.
The Government informed that as per the Fundamental Rule 17(1), an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.
The Nagaland Government had directed the Principal Director, Health & Family Welfare to issue directions to all CMOs/MCSs/Controlling Officers in the District/Sub-District/Hospital levels not to go on agitations in any form/manner from October 28.
It cautioned that besides deduction of salary on the principal of 'no work no pay,’ participants shall also be liable to disciplinary action for grave violation of conduct rules. In addition, the participants in the strike/agitation would also be liable for appropriate action under provision of law, the government said.
The DC’s were asked to ensure that the Chief Medical Officers and the Medical Superintendents and subordinate officers follow the directions.
Meanwhile, direction has been given to constitute a state level control room with dedicated helpline shall be set up for coordination and real time monitoring of the situation in the State. The Control Room shall be overseen by Principal Director, DHFW, who may draw officers from the Directorate to assist him. At the district level as well, several measures have been undertaken for coordination and real time monitoring of the situation.
Some of the measures include close monitoring of attendance; re-deployment of available contractual/temporary and AYUSH doctors or any other health care professionals; coordination with private hospitals/health care providers for management of OPD and referral cases; establishment of facilitation centres at each health facility till PHC level; availability of referral transport; review of medical supplies; ensuring that all healthcare professionals are in their respective station; and ensuring implementation of public health programmes.
Meanwhile, the Nagaland Government has prohibited any government servant from broadcasting, publishing or communicating any statement of fact or opinion not connected with discharge of official duty, without prior government sanction.
The Nagaland Government has asked doctors in government service to refrain from engaging in any activity or communication in violation of the Nagaland Government Servant (Conduct) Rules. Any violation of the same shall attract disciplinary proceeding against the Government Servants under the conduct rules, it cautioned.
