Ajeet Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25863 of 2019 ====================================================== 1.

Ajeet Singh, S/O - Late Raj Narayan Singh, R/O- G-131, Peoples Cooperative Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna, Bihar. 2.

Brajendra Kumar Singh, S/O Late Shiv kumar Singh, R/o- VillageNarharpur, P.S.- Basantpur, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar Through, Principal Secretary, Health Department, Secretariat, Government of Bihar.

2.

Secretary, Department of Health, Government of India, New Delhi. 3.

Superintendent of Police, C.B.I. Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajeet Singh ( in person) For the Respondent/s :

Mr. Nagendra Kumar SC-11 For the CBI :

Mr. Bipin Kumar Sinha, SC/ CBI ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 21.12.2019 is listed for hearing for the first time today before the Court.

Heard the petitioner no.1, in person, and learned counsel for the respondents.

Petitioners have prayed for the following relief: "That this is an application for issuance of an appropriate writ/writs, direction/directions, directing the respondent no.3 to investigate, the loot/corruption/embezzlement/misappropriation

2/5 of Government Funds, routed through respondent no.1 in Government Hospitals, in the maintenance of Government Hospitals and providing health services throughout the State, in Patna Medical Hospital and other Government Run and Government aided Hospitals and to investigate further, the nexus between Medical/Private Hospital/Nursing Home/ Doctors mafia with the Government employees of health department/government hospitals/doctors. Asking Respondent no.1 and Respondent no.2 to explain further that why patients are not being admitted in Emergency and ICU wards of the Respondent no.

3/5 preventing the patients/attendants to get admission in PMCH emergency wards and further preventing them to meet the junior doctors on duty, why medicines are not available in the PMCH and other Government Hospitals, why beds and other emergency equipment and facilities are not available in the PMCH and other Government Hospital, why the doctors and medicine counters are getting commissions from the medical shops on the purchase of medicine outside the PMCH and other Government Hospitals, why the staff is taking bribe to get the patient admitted in the Emergency and in I.C.U., why big Peepal trees are growing on the first floor terrace and walls of PMCH.

Why the emergency and other wards of PMCH are not better than public lavatories, why PMCH is not better than a slaughter house where patient come to die, why there is more than 6 deaths every hour from PMCH medical emergency only, why senior doctors, nurses, para medical staffs and sweepers are not attending the patients of PMCH and other Government hospitals. Why the Government Hospitals, and governed aided hospitals and health services are in pathetic conditions in the State of Bihar, despite Crores of Rupees been spent on the Government hospitals and health services in the State of Bihar every year. Why for the medical test of patients the concerned staff is deliberately giving time/appointment for CT Scan, MRI, etc.

4/5 their counter and if the test is any how done then 5-7 days later to get the report of Radiologist or pathologist. Further directing Respondent No.1 and 2 to provide above mentioned facilities/services without fail/delay/harassment to the patients and their attendants throughout the State. The State is duty bound to provide abovementioned services to it's citizens to the best of it's basic minimum standards. The private practice of the Government Hospitals be banned as it is banned in every other State and attracts Anti Corruption Provisions."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes

5/5 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. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Sunil/- U