2001 Supreme(Jhk) 251
High Court Of Jharkhand
Judgename : VINOD KUMAR GUPTA, A. K. PRASAD
CITIZENS CAUSE - Appellant
Versus
STATE OF JHARKHAND - Respondents
C. W. J. C. 420 Of 2001
Decided On : 04/09/2001
A.SEN GUPTA, B.B.Sinha, M.M.BANERJI, P.K.PRASAD, RAJESH KUMAR AGRAWAL, S.B.GADODIA, T.KABIRAJ, Vijay Pratap Singh
The court used the writ of mandamus to ensure the implementation of its directions for the improvement of hospital administration and services.
Headnote:
MANDAMUS - Administration of Hospital - -
Fact of the Case:
The court issued a comprehensive order to address various issues in the administration of a hospital, including the installation of lifts, construction of roads, maintenance of discipline, and improvement in patient care.
Finding of the Court:
The court expanded a committee to oversee the administration and monitoring of the hospital, directed the government to consider banning private practice of doctors, and emphasized the implementation of the committee's recommendations.
Issues: Administration and monitoring of the hospital, installation of lifts, construction of roads, discipline and patient care, private practice of doctors
Ratio Decidendi: The court used the writ of mandamus to direct the government and functionaries to implement the committee's recommendations and consider banning private practice of doctors.
Final Decision: The court issued a comprehensive order and directed the government to take various steps for the improvement of the hospital's administration and services.
( 1 ) PURSUANT to our order dated 3-4-2001, affidavit has been filed by the Secretary, Energy Department, Government of Jharkhand, wherein it has been stated that the Government of Jharkhand has decided to replace all the lifts in the Hospital, which have "gone beyond repairs". Details have been given in this affidavit about the arrangements being finalised with a manufacturer OTIS ELEVATOR COMPANY (INDIA) LTD. According to the affidavit, this Company requires about 52 weeks for installation of the lifts eventhough the Government of Jharkhand has requested the company for making at least two lifts functional within two months from today. In Paragraph 5 of the affidavit, the deponent has also stated that the Health Department has been approached for releasing at least an amount of Rs. 2 crores for the provision of 10 lifts.
( 2 ) ANOTHER affidavit has been filed by the Administrator, Ranchi Municipal Corporation, wherein statement has been made about the removal of debris and the steps being taken for the same.
( 3 ) BASED on various orders passed by us from time to time, on consideration of various affidavits filed by the parties and the officials of the State Government, the reports submitted by the two Member Committee constituted by us earlier and the various other relevant aspects of the matter, we pass the following comprehensive order :- (1) The Committee already constituted by us vide our order dated 31-1-2001, comprising of S/s S. B. Gadodia, learned Senior Advocate of this Court, and B. B. Sinha, learned Advocate of this Court, is herebyexpanded. In addition to the aforesaid two members of the Committee, the following persons are added as its members :- (a) The Secretary to the Department of Health, Government of Jharkhand. (b) The Secretary to the Energy Department, Government of Jharkhand. (c) The Principal/incharge Principal, Rajendra Medical College and Hospital, Ranchi. (d) The Medical Superintendent/incharge Medical Superintendent, Rajendra Medical College and Hospital, Ranchi. (e) Dr. Ram Bali Sinha, Surgeon Specialist Ranchi. (f) Prof. (Dr.) K. K. Sinha, Neuro Physician Bariatu, Ranchi. (g) Dr. B. K. Verma, Opthalmologist, Bardwan Compound, Ranchi. (h) Dr. Rakesh Arya, Head of the Medical Services, Central Coal Fields Ltd. , Ranchi. (i) Dr. C. Shriniwas Sullu, Chief Medical Officer, MECON, Ranchi. (j) Dr. (Mrs.) Shobha Chakravartee, Gynaecologist, Ranchi. (k) Dr. Dinesh Chandra Mathur, Joint Director, Incharge Medical and Health Services, Bokaro Steel Plant, Bokaro. (l) Special Invitee Memberdr. M. K. Chhetri,general Physician and Cardiologist, Calcutta. (m) The Deputy Commissioner, Ranchi. (n) The Administrator, Ranchi Municipal Corporation, Ranchi.
( 4 ) THE Health Secretary, Government of Jharkhand, shall be the Member-Secretary of this Committee. He/she shall preside over and conduct all the meetings of the Committee. In her absence, the seniormost Government Official - Member of the Committee, shall conduct and preside over the meetings of the Committee.
( 5 ) MR. S. B. Gadodia, learned Senior Advocate of this Court and the Member of the Committee shall personally get in touch with Dr. M. K. Chhetri and requst him on behalf of the Court to spare his valuable time to visit Ranchi on as many occasions as possible, to participate in the meetings of the Committee and visit the Hospital and the Medical College, Ranchi. For his visits to Ranchi in connection with attending the meetings of the Committee, the travelling and other expenses borne by him shall be paid by the Govt. of Jharkhand. The meetings of the Committee shall be held in the first six months, at least twice in a month, with an interval of not more than two weeks and, thereafter, at least once in a month.
( 6 ) EVENTHOUGH we do not fix or prescribe any quorum for the meetings of the Committee, we hope, observe and direct that all the Members of the Committee shall ensure that they attend all the meetings. We are particular about the Off