Patna High Court
Suvendra Dubey @ Shubhendu Dubey vs The Secretary, Ministry Of Health ... on 29 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1957 of 2021
======================================================
Suvendra Dubey @ Shubhendu Dubey S/O- Late Amernath Dubey, Resident
of Village- Uttar Rampur, P.O.- Chapor, P.S.- Chakulia, District- Uttar
Dinagpur, State- West Bengal.
... ... Petitioner/s
Versus
1. The Secretary, Ministry of Health and Family Welfare Government of India,
having office at Room No 156- A, A wing, Nirman Bhavan, New Delhi
110011.
2. The Chairman, National Medical Commission, C/O- Ministry of Health and
Family Welfare, Government of India, having office at Room No 156- A, A
wing, Nirman Bhavan, New Delhi 110011.
3. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
4. The Principal Secretary, Home Department, Government of Bihar, Patna.
5. The Principle Secretary, Health Department, Government of Bihar, Patna.
6. The Director General of Police, Bihar, Patna.
7. The District Magistrate, Kishanganj, District- Kishanganj, Bihar.
8. The Superintendent of Police, Kishanganj, Bihar.
9. The S.H.O. Sadar Police Station, Kishanganj, District- Kishanganj, Bihar.
10. Mata Gujri Memorial Medical Collage and Lions Seva Kendra Hospital at
Kishanganj (Bihar) through the Medical Superintendent and/ or any
competent official, Purabpalli Road, Kishanganj, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
For the Respondent/s : Mr. S.D. Yadav, AAG-9
======================================================
(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 29-06-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.1957 of 2021 dt.29-06-2021
"I. For issuance of a writ of mandamus
directing the respondents authorities to
constitute a high level inquiry committee
constituted of members from the
police/Home Department of the State of
Bihar, members from the state civil
administration, members from the
Medical Council of India, members from
the Enforcement Directorate and also
some renowned doctors and/or experts
who could evaluate a medical facility in
terms of irregularities practiced in there,
to inquire the gross illegalities and
irregularities/embezzlement of money
and resources thereby affecting lives of
citizens seeking treatment and non-
cooperation of the private respondent to
access the clinical documents that would
reveal the true picture and direct the said
committee to submit a report at the
earliest.
II. For issuance of a writ of mandamus
for commanding the respondents to
initiate forensic audit of the accounts of
the said respondent hospital to find out
that for what interest the said hospital is
being allowed to operate continuously
without complying with the standard
norms, rules and operating procedures
and without adequate qualified medical
personnel.
III. For issuance of a writ of mandamus
for commanding the respondents to take
appropriate action against the erring
authorities who despite several
representations/public petitions could not
take any action to restrain respondents
from illegalities being done and still in
practice at the respondent hospital.
Patna High Court CWJC No.1957 of 2021 dt.29-06-2021
IV. For issuance of a writ in the nature of
certiorary commanding the respondents
and their men, agents and assigns to
submit all the relevant documents and
case records including the recorded
statements of the complainant and the
witness in the case, if any, before this
Hon'ble Court to review the matter
complained of.
V. For issuance of any other relief/reliefs
which may deem fit and proper of the
facts and circumstances of the case and
for which the petitioner may entitle."
After the matter was heard for some time, learned
counsel for the petitioner, under instructions, states that
petitioner shall be content if a direction is issued to the authority
concerned to consider and decide the representation which the
petitioner shall be filing within a period of four weeks from
today for redressal of the grievance(s).
Learned counsel for the respondents states that if such
a representation is filed by the petitioner, the authority
concerned shall consider and dispose it of expeditiously and
preferably within a period of three months from the date of its
filing along with a copy of this order.
Statement accepted and taken on record.
As such, petition stands disposed of in the
following terms:-
Patna High Court CWJC No.1957 of 2021 dt.29-06-2021
(a) Petitioner shall approach the authority
concerned within a period of four weeks from today by filing
a representation for redressal of the grievance(s);
(b) The authority concerned shall consider and
dispose it of expeditiously by a reasoned and speaking order
preferably within a period of three months from the date of its
filing along with a copy of this order;
(c) Needless to add, while considering such
representation, principles of natural justice shall be followed
and due opportunity of hearing afforded to the parties;
(d) Equally, liberty is reserved to the petitioner to
take recourse to such alternative remedies as are otherwise
available in accordance with law;
(e) We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch;
(f) Liberty reserved to the petitioner to approach the
Court, if the need so rises subsequently on the same and
subsequent cause of action;
(g) We have not expressed any opinion on merits.
All issues are left open;
Patna High Court CWJC No.1957 of 2021 dt.29-06-2021
(h) The proceedings, during the time of current
Pandemic- Covid-19 shall be conducted through digital mode,
unless the parties otherwise mutually agree to meet in person
i.e. physical mode;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
