Manoj Kumar Nishad v. State of U.P. Thru. Joint Secy. Medical Health and Family Welfare U.P. Lko. and Others

Allahabad HC2 May 2024WRIC/3970/2024

Case brief

AI extract

What is this about?

Petitioner alleges medical negligence by doctors of Deoki Hospital causing his daughter's death; an earlier statutory enquiry report exists, but a fresh committee was constituted following representations via a local MLA. Court issues notice, directs Standing Counsel to seek instructions on why the earlier report was ignored, and restrains the new committee from submitting a final report.

What the court decided

AI extract

Manoj Kumar Nishad vs State of U.P. Thru. Joint Secy… — Medical Negligence | Allahabad HC (2024)

¶1

Court No. - 3 Case :- WRIT - C No. - 3970 of 2024 Petitioner :- Manoj Kumar Nishad Respondent :- State Of U.P. Thru. Joint Secy. Medical Health And Family Welfare U.P. Lko. And Others

¶2

Counsel for Petitioner :- Prashant Shukla,Narendra Kumar Kashyap Counsel for Respondent :- C.S.C.

¶3

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

¶4

1. Heard learned counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents.

¶5

2. This petition has been filed with the following prayers:-

¶6

"i. Issue a writ, order or direction in the nature of CERTIORARI quashing the impugned letter/order dated 19/03/2024, passed by respondent no.1, contained as Annexure No.1 to this writ petition along with entire proceedings of the enquiry committee constituted in pursuance to the same, in the interest of justice.

¶7

ii. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent no.1 and 4 to take appropriate action in accordance with law against respondent no.5 to 7 in pursuance to the letter of respondent no.1 dated 19/02/2024, contained as Annexure No.2 to this writ petition."

¶8

3. It is the case of the petitioner that his daughter complained of pain in her legs and fainted at home on 17.12.2023. The petitioner rushed to the respondent no.7- Hospital i.e. Deoki Hospital at Sitapur Road. She was admitted and treated by the respondent no.5- Dr. Rakesh Gupta and the respondent no.6- Dr. Ashok Kumar Agarwal. On 19.12.2023, the daughter of the petitioner was discharged, although she was not feeling well even at that time. The petitioner brought his daughter back home. She fainted again at around 04:00 p.m. The petitioner again took his daughter to Deoki Hospital. The Doctors on duty orally refused to treat his daughter and referred her to King Georges Medical University, Lari Cardiology

¶9

Department. The petitioner then took her daughter to Lari Cardiology Department, where the petitioner was informed that her daughter was wrongly diagnosed and wrong medicines were prescribed to her. The Doctors at Lari Cardiology Department treated the daughter of the petitioner but despite their best efforts, the daughter of the petitioner died on 20.12.2023 in the midnight.

¶10

The petitioner thereafter moved an application to the respondent no.4- the Chief Medical Officer, Lucknow on 26.12.2023 complaining about the negligence of Doctors at Deoki Hospital. An Enquiry Committee was formed by the Chief Medical Officer which gave its report on 23.01.2024 after recording statements of the Doctors, i.e. respondent nos.5 & 6 and going through all the medical papers. This Enquiry Committee comprised of the Chief Medical Superintendent of Silver Jubilee Government Hospital, the Additional Chief Medical Officer, Lucknow and a competent duly qualified Medical Officer with M.D. Medicine from Red Cross Hospital. An F.I.R. was lodged by the petitioner registered as Case Crime No.0022 of 2024 against the respondent nos.5 & 6 under Section 304 A of the I.P.C. at Police Station Aliganj, District Lucknow. The report was not given to the petitioner and, therefore, the petitioner approached this Court by filing Writ-C No.2311 of 2024: Manoj Kumar Nishad Vs. State of U.P. and another , which was disposed of on the first day of hearing on 13.03.2024. Learned Standing Counsel provided a copy of the enquiry report to the petitioner.

¶11

In the meantime, the Chief Medical Officer, on the basis of the report submitted to him by the Committee appointed by him, passed an order dated 22.02.2024 directing suspension of license of Deoki Hospital as it had not responded to the show-cause notice that was given to it in pursuance of such enquiry report. Deoki Hospital filed Writ-C No.2007 of 2024: Deoki Hospital Nirala Nagar, Lucnkow and Another Vs. State of U.P. and others , challenging such suspension order passed by the respondent therein on the ground that no opportunity of hearing was given to the Doctors concerned. This Court set aside the suspension

¶12

order dated 22.02.2024 but left it open for the respondents to hold proceedings afresh in accordance with law. After such order was passed on 28.02.2024, no fresh notice under the Clinical Establishments (Registration and Regulation) Act, 2010 or under the relevant Statute was issued to respondent nos.5, 6 and 7 by the Chief Medical Officer, but the respondent no.5 and 6 approached the local M.L.A. of the ruling party Dr. Neeraj Bora through written applications, who wrote a covering letter on such applications to the Hon'ble Chief Minister of the State of U.P. On the basis of such letter dated 07.03.2024, the order impugned has been passed on 19.03.2024 directing for constitution of a fresh committee under some Senior Medical Officer.

¶13

4. It has been stated that till date the enquiry report dated 23.01.2024 submitted by the duly constituted Committee under the Statute has not been challenged or set aside. A fresh enquiry has been conducted only on the behest of local M.L.A. who has unduly favoured the Doctors running Deoki Hospital.

¶14

5. Issue notice to the respondent nos.5, 6 & 7.

¶15

6. The petitioner shall take steps within a week both ways and file an affidavit of service within two weeks.

¶16

7. List this case on 21.05.2024 as fresh.

¶17

8 . In the meantime, learned Standing Counsel shall seek instructions as to why the enquiry report dated 23.01.2024 was not brought to the notice of the respondent no.1, who has passed the order constituting the enquiry committee in ignorance of the earlier enquiry report.

¶18

9. In case the Committee has been constituted in pursuance of the impugned order, it shall continue with its enquiry proceedings but shall not submit a final report till the next date of listing.

¶19

Order Date :- 2.5.2024 Rahul

¶20

Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench

Manoj Kumar Nishad v. State of U.P. Thru. Joint Secy. Medical Health and Family Welfare U.P. Lko. and Others

Case brief

What is this about?

What the court decided

Manoj Kumar Nishad v. State of U.P. Thru. Joint Secy. Medical Health and Family Welfare U.P. Lko. and Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

M/S Shanti Laminations Ramiabehar Thru. Partner Siddhesh Verma vs National Insurance Company Ltd. Regional Office Lko. and Another

C/M Munshi Raghunandan Prasad Sardar Patel Mahavidyalaya Thru. Secy. Uma Shankar Verma and Another vs Deputy Commissioner and Deputy Registrar,Co-Operative,Ayodhya Mandal, Ayodhya and 3 Others

Smt. Sumitra Devi vs State of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Civil Secrt. Lko. and Others

Kanhaiya Lal and Others vs State of U.P. Thru. Prin. Secy. Revenue Civil Secrt. Lko. and Others

Girja Shakya vs Madhyanchal Vidyut Vitran Nigam Ltd. Thru. Ihts Managing Director Lko and 2 Others

M/S Maan Dotiya Agro Pvt. Ltd. Lko. Thru. Director Ravinder Negi vs State of U.P. Thru. Prin. Secy. Housing and Urban Planning Lko. and 3 Others