Bombay High Court
Courts On Its Own Motion vs State Of Maharashtra Through ... on 21 September, 2023
Bench: Sunil B. Shukre, Mukulika Shrikant Jawalkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
SUO MOTU PUBLIC INTEREST LITIGATION NO.1/2023
C.H. Sharma and others -Vs.- State of Maharashtra and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. Anup J. Gilda, Amicus Curiae.
Mr. M.K. Pathan, Additional Government Pleader for respondent Nos.1 to 3 and 7.
Mr. S.M. Puranik, Counsel for respondent No.5-N.M.C
Mr. Y.N. Sambre, Counsel for respondent No.12.
Mr. F.T. Mirza, Special Counsel for Health Department.
CORAM: SUNIL B. SHUKRE AND SMT. M.S. JAWALKAR, JJ.
DATE : 21.9.2023 Heard.
2. Leave to add Maharashtra Medical Goods Procurement Authority as party respondent through its Chief Executive Officer, Mumbai as party respondent is granted. Amendment be carried out forthwith. Notice be issued to the newly added respondent.
3. The Special Counsel for the Health Department Mr. Mirza has produced before the Court list of equipments not received from Haffkine Institute along with necessary details including of the funding agencies. This list is a comprehensive one and it comprises five pages. The list is taken on record and it is marked collectively for the purpose of identification as document "L-1".
4. With the assistance of learned Special Counsel and learned Amicus Curiae we have gone through the list. It gives details of the amounts received back, amounts not received back and of the funding agencies. Upon overall consideration of this list "L-1", we find that except for the amount sanctioned and allocated for purchase smpil1.2023.odt 2/8 of Robotic Surgery System i.e. amount of ₹20,62,42,862/-, the remaining amounts as mentioned in list "L-1" have been received back and presently lodged in Reserve Bank of India Account.
5. The learned Counsel appearing for Haffkine Institute submits on instructions that even the amount received by the Haffkine on account of purchase of Robotic Surgery System can be remitted back to G.M.C.H., Nagpur. The submission is fair and we accordingly direct the Haffkine Institute to remit back the amount of ₹20,62,42,862/- to the account of G.M.C.H., Nagpur within a period of two weeks. We direct that this amount shall be expended only for the purpose of purchase of Robotic Surgery System, by keeping it reserved for that purpose only.
6. As regards remaining amounts, we find that there is one amount, amount of ₹23,20,00,000/- from out of those amounts which has been sanctioned by Social Justice and Tribal Development Department for the purchase of Linear Accelerator with accessories, but this amount having been lodged in the R.B.I. Account, is no longer be available for its utilization for which it was sanctioned. However, the purpose is yet to be achieved and, therefore, it is necessary that this amount is again remitted back to the account of G.M.C.H., Nagpur by Social Justice and Tribal Development Department, and, therefore, we direct it to do so at the earliest, preferably within a period of four weeks from the date of the order. Needless to say that this amount shall be utilized only for the purpose of purchase of Linear Accelerator Machine with accessories.
7. As regards the other amounts totalling to ₹24,31,71,760/-, we are of the opinion that even these amounts which have been deposited in the R.B.I. Account would have to be utilized for the smpil1.2023.odt 3/8 same purposes for which they have been sanctioned and to achieve that end, it would be necessary that suitable directions are issued. Accordingly, we direct the State Government to remit back the amount of ₹24,31,71,760/- to the account of G.M.C.H., Nagpur at the earliest, preferably within a period of four weeks from the date of the order. We further direct that this entire amount shall be kept reserved for the purchase of the equipments and machines for which the same has been sanctioned.
8. There is one more amount which was sanctioned from out of D.P.D.C. funds. It is for setting up of Digital Cardiac Cath Lab at G.M.C.H., Nagpur and Super Specialty Hospital, Nagpur and is to the tune of ₹5,67,00,000/-. Even this amount having been deposited in the R.B.I. account, now would have to be sent back to the account of G.M.C.H. Nagpur, and we direct the State Government to do so at the earliest, preferably within a period of four weeks, so that it can be utilized for setting up of Digital Cardiac Cath Lab. Needless to say that this amount shall be kept reserved for the purpose for which it is sanctioned and shall not be diverted elsewhere.
9. Learned Amicus Curiae has pointed out to us, by inviting our attention to the list of equipments not received so far and marked in document "L-1", that various equipments listed therein including Robotic Surgery System have not been so far procured and installed inspite of sanction of the aforesaid amounts over last several years. He submits that considering their pivotal importance in providing quality healthcare and health services to the patients in Central India, it is necessary that all these equipments are procured and installed at G.M.C.H., Nagpur and also Super Specialty Hospital, Nagpur, at the earliest by initiating appropriate tender process. He also submits that smpil1.2023.odt 4/8 the agencies which would undertake the tender process would be those which have made available substantial funds for purchase of various equipments and accordingly he submits that the appropriate agency would be the Committee headed by the Collector for Procuring Equipments for which the funds from D.P.D.C. have been received entirely or substantially. He also submits that the agency which may undertake the tender process for procurement of the equipment for which funds have been received from the State Government through the Social Justice and Tribal Development Department would be the Maharashtra Medical Goods Procurement Authority constituted under the provisions of the Maharashtra Medical Goods Procurement Authority Act, 2023.
10. We accept the submissions of learned Amicus Curiae considering the fact that all these equipments are required at the G.M.C.H., Nagpur and also at Super Specialty Hospital, Nagpur for improving the healthcare services that the Government Hospital is providing to the patients in Central India. After all, the primary object of a 'Welfare State' as contemplated under the Directive Principles of State Policy is to have a society which has robust health, strong economy and justice informing all institutions of national life. Without there being any qualitative improvement in healthcare services provided by the Government Hospitals at reasonable rates, the other goals of a 'Welfare State' cannot be achieved. Installation of all these machines and equipments at G.M.C.H., Nagpur would, therefore, go a long way in making available latest medical treatment, with the help of latest technology to the patients in Central India. We, therefore, think it necessary to issue directions in this regard to the concerned agencies. They are as follows:-
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i) We direct that Committee headed by the Collector, Nagpur shall initiate the tender process in accordance with rules for procurement of various machines listed in the list "L-1" for which the funds have been provided entirely or substantially by D.P.D.C., within a period of eights weeks from the date of the order and complete the same within a further period of four months from the date of publication of the respective tender notices.
ii). As regards the procurement of Linear Accelerator Machine with accessories for Super Specialty Hospital of G.M.C.H., Nagpur, we direct the Dean, G.M.C.H. to send a proposal to the Maharashtra Medical Goods Procurement Authority for initiating the tender process for purchase of the same. On receipt of the proposal, Maharashtra Medical Goods Procurement Authority may submit its response to this Court about the time within which it would be able to initiate the tender process and complete it.
11. As regards the installation of Fire Safety System at G.M.C.H., Nagpur, learned Counsel for G.M.C.H. Nagpur submits that it is almost complete and now only trials are to be done. Learned Additional Government Pleader has also submitted status report to this Court given by the Executive Engineer, P.W.D. (Electrical) Division, Nagpur. It is taken on record and marked as document "R-1". It shows that the work is completed, however, it is not known as to whether or not the fire safety clearance certificate has been issued by the Nagpur Municipal Corporation. We request learned Counsel for the N.M.C. to take instructions in the matter. We also request him to ensure, if fire safety certificate is not issued by the N.M.C., that same is issued at the earliest, if the installation is to the satisfaction of the Chief Officer of the N.M.C. smpil1.2023.odt 6/8
12. In the last order passed Yesterday, we have also dwelt upon the security needs of G.M.C.H. Nagpur and have observed that there would be a need now for beefing up the security available there. Today learned Special Counsel for G.M.C.H. has submitted a bunch of papers which are taken on record and marked as "R-2". We request learned Special Counsel to supply copy of the documents collectively marked "R-2" to the learned Amicus Curiae, learned Additional Government Pleader and learned Counsel for Nagpur Municipal Corporation.
13. The documents collectively marked as "R-2", on their perusal, would show that there is a dire need of strengthening the security available at G.M.C.H., Nagpur. This is all the more necessary as several dreaded criminals are lodged in Nagpur Central Jail and they are frequently brought for medical examination and treatment to G.M.C.H., Nagpur. These criminals are not only from Nagpur and surrounding areas but also from such areas as Mumbai, Pune and other parts of Maharashtra and some of them have been classified as dangerous criminals and terrorists. There have also been incidents of rival gangs taking advantage of weak security at such places as District Court, Nagpur and Government Hospitals at Nagpur for wreaking revenge upon the members of rival gangs by launching deadly attacks on them. In these attacks some of the criminals have lost their lives. Such rivalry between various criminal gangs also endangers the security of the patients, visitors and staff members at G.M.C.H., Nagpur. Then, there are also articles, machines and medical equipments of immense value which are, by their very nature, prone to thefts, tampering and pilferage. It is for these reasons that we find it necessary that there must be strong smpil1.2023.odt 7/8 security available at G.M.C.H., Nagpur and if it is strengthened in time to come, it would only boost up the quality of medical services that is being provided at G.M.C.H., Nagpur. So, we are of the view that a Security Committee must be formed to take stock of present status of security available at G.M.C.H., Nagpur and prepare a plan with estimate for strengthening it. Accordingly, we constitute a Committee and issue directions as follows:-
A "Committee for Security of G.M.C.H., Nagpur" is hereby set up as under:-
i) Deputy Commissioner of Police, Zone No.IV - Chairman.
ii) Chief Administrative Officer, G.M.C.H., Nagpur - Member Secretary.
iii) Senior P.I., Police Station Ajni, Nagpur - Member.
iv) Executive Engineer, P.W.D. (Civil), Nagpur - Member.
v) Executive Engineer, P.W.D. (Electrical), Nagpur - Member.
vi) Assistant Commissioner, Nagpur Municipal Corporation, Hanuman Nagar, Zone - Member.
vii) Medical Superintendent, G.M.C.H., Nagpur - Member.
14. We direct the Committee to have a fresh inspection of the entire premises of G.M.C.H., Nagpur and prepare a comprehensive plan together with estimate for putting in place high security at G.M.C.H., Nagpur which shall be more dependent upon the latest technology and latest security gadgets and equipments.
15. We further direct the Committee to submit its plan and estimate to this Court within a period of six weeks from the date of the order.
16. The Committee shall be at liberty to consult experts in the field of security, information and technology, computer software and computer hardware, for the purpose of preparation of a smpil1.2023.odt 8/8 comprehensive plan and estimate in the matter.
17. Stand over three weeks.
(SMT. M.S. JAWALKAR, J.) (SUNIL B. SHUKRE, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR
Designation: PA To Honourable Judge
Date: 21/09/2023 18:12:59