Surgeon asks court to restrain HSE’s investigation into allegations against him

A consultant surgeon is seeking a High Court order restraining the Health Service Executive (HSE) from continuing with an investigation into allegations against him.

Dr Pawan Rajpal, a colorectal surgeon at Cavan General Hospital for 25 years, has brought a court case seeking an injunction restraining the HSE from taking any steps in its ongoing enquiry into allegations against him.

The HSE’s investigation, being conducted by Simon Mills SC, centres around allegations including that in 2022 he assaulted a fellow Cavan hospital employee and a second matter relating to his alleged involvement with the issuing of blank prescriptions

Dr Rajpal, who strongly denies any wrongdoing in relation to both matters, claims the investigation has been carried out in breach of his contractual rights and in breach of the HSE’s policies and procedures.

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He claims the investigation will also include an allegation that he inappropriately shared with other staff members CCTV footage of an interaction he had with the person who made the assault complaint on the night of the alleged incident.

He claims that if the investigation is allowed to proceed, the implications for him could be grave and his reputation could be damaged if any substantive findings are made against him.

He also fears that other steps may be taken to suspend him from his current role.

The court heard that in correspondence, lawyers for the HSE have denied Dr Rajpal’s claims that the investigation is unlawful, prejudicial or flawed. The HSE has also rejected his request for the investigation be halted.

The matter came before Mr Justice Brian O’Moore on Friday and will return next week.

Following submissions from Dr Rajpal’s legal team of Patrick McCann SC and David Lennon BL, the judge granted him permission to serve short notice of the injunction proceedings on the HSE.

Dr Rajpal, from Oldtown in Cavan, has for many years worked at Cavan General Hospital, Monaghan General Hospital and Connolly Hospital in Dublin.

Arising out of the allegations against him, he was suspended from his job in August 2022.

He brought judicial review proceedings challenging his suspension, which he claims was in breach of his contract of employment.

Arsing out of that action, the HSE acknowledged he is entitled to return to work.

However, his lawyers say that did not address all of the concerns raised by him in his proceedings and the action remains live before the court.