Cavan consultant surgeon brings fresh High Court action aimed at lifting his suspension

A consultant surgeon has returned before the High Court seeking an injunction aimed at both lifting the HSE's decision to suspend him and to halt an investigation into various allegations against him. 

The action is the latest set of proceedings brought by Cavan-based Dr Pawan Rajpal regarding his employment, who works as a General and Colorectal Surgeon in both Cavan General and Connolly Hospitals.

Mr Justice Rory Mulcahy heard on Thursday that Dr Rajpal claims  the HSE's decision in early January to place him on "administrative leave" pending the outcome of an investigation into allegations against him breaches his contract of employment. 

The investigation, the court heard, relates to alleged misconduct in respect of the care provided by Dr Rajpan to two patients, and is the second or an enlarged investigation being conducted by the HSE into claims against him. 

The same investigator, he claims, had been engaged by the HSE at an earlier stage to investigate other allegations against Dr Rajpan, the court heard. 

Dr Rajpal, who has worked in Cavan for over 20 years, has at all times strongly disputed all claims of wrongdoing against him, and says he should be allowed to return to work. 

He also claims that an investigation being conducted by a senior counsel should be halted as it breaches his rights to fair procedures and due process as well as the rights he enjoys under his contract of employment rights.  

Represented Patrick McCann SC, with David Lennon Bl instructed by solicitor Michael Ryan, said Dr Rajpal is fearful of becoming deskilled as a surgeon if he remains out of work for any great period of time.  

It could lead in the permanent termination of Dr Rajpal's clinical practise, the court heard.

Mr McCann said there was some urgency to the matter, adding that the hearing of the injunction should be heard and determined as soon as possible. 

Counsel said that becoming deskilled would have a major impact on his client's professional standing and his future career. 

After considering submissions from Mr McCann, Mr Justice Mulcahy, on an ex-parte basis, granted Dr Rajpal permission to serve short notice of the injunction proceedings on the HSE. 

The matter will return before the court next week. 

The action is the latest set of proceedings brought by Dr Rajpal. 

He took a case challenging the HSE's decision to suspend him in 2022 over allegations, including that he assaulted another staff member at the  Cavan hospital and had prescriptions to him that had allegedly been signed by junior hospital doctors reporting to him. 

He was successful in that action, and late last year says he was eventually allowed to return to work. 

He also took an action against the HSE's decision to appoint the senior lawyer to investigate allegations regarding the care he provided to patients under his care. 

In a judgement earlier this month the High Court granted Dr Rajpal an injunction restraining halting the continued progression of that earlier investigation. 

Dr Rajpal denies that there have been any shortcomings in his clinical work.