A consultant surgeon at Cavan General Hospital has brought a High Court challenge to a decision to suspend him pending the outcome of an inquiry by the Minister for Health and Children into allegations of inappropriate behaviour against him.
The allegations against Dr Pawan K Rajpal were made by another surgeon, Dr William P Joyce. Allegations against Dr Joyce had also been made by Dr Rajpal, the court heard.
During the hearing yesterday of the application by Dr Rajpal for leave to take the challenge, Mr Justice de Valera was told there is "a history of poor interpersonal relationships" within the surgical department of the hospital.
The judge also heard of problems and delays in procuring the establishment of a committee to inquire into the allegations made.
Complaints had been made about the membership of two committees set up to carry out the inquiry and, Mr Patrick Hanratty SC, for Dr Rajpal, added, there was a dispute between consultants and the Minister about the remuneration they should receive for sitting on such committees.
As a consequence of this, Dr Rajpal had been suspended since August 2003 without pay except for two repayable ex gratia payments which were insufficient to meet his living expenses, counsel said. The delay in having a committee hear and determine the matter was inordinate and inexcusable and also constituted a ground for overturning the suspension.
Mr Justice de Valera granted Mr Hanratty leave to seek, in judicial review procedings against the North Eastern Health Board and the Minister for Health,
orders quashing Dr Rajpal's suspension and also overturning the decision to hold an inquiry into complaints against him made by Dr Joyce.
Outlining the background to the application for leave, Mr Hanratty said there were differences between his client and Dr Joyce.
In 2002, four consultant anaesthists at Cavan hospital had made complaints against Dr Joyce who was put on administrative leave.
Dr Joyce had sued the NEHB in proceedings which were compromised and Dr Joyce had returned to the hospital.
Later, Dr Rajpal had complained about certain operative procedures carried out by Dr Joyce and Dr Joyce had retaliated with a wide range of allegations against Dr Rajpal.