A consultant surgeon is seeking a High Court order restraining the HSE from continuing with an investigation into allegations against him.
The action has been brought Dr Pawan Rajpal, a colorectal surgeon at Cavan General Hospital for 25 years. He has brought the case where he seeks an injunction restraining the HSE from taking any steps in respect of an ongoing enquiry into allegation against him.
The HSE's investigation is being conducted by barrister Dr Simon Millis SC. It centres around allegations, including that in 2022 he allegedly assaulted a fellow employee at Cavan Hospital 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.
He claims the investigation will also include another allegation, namely that he inappropriately shared CCTV footage of an interaction he had with the person who has made the assault complaint on the night of the alleged incident to staff members at Cavan General Hospital.
He claims that should the investigation be 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 and flawed. The HSE have also rejected his requests that the investigation be halted.
The matter came before Mr Justice Brian O'Moore on Friday.
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.
The matter will return before the court next week.
Dr Rajpal, from Oldtown, Co 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 he was informed by the HSE that 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.
