RAKESH CHANDRA NARAYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) An affidavit has been filed by the Commissioner-cum-Health secretary of the State of Bihar to the effect that a sum of Rs. 10 lakhs in terms of the court's order has now been sanctioned and the remittance has been made available to the Committee appointed by the court being placed in the hands of the Superintendent of the Hospital. The Health secretary has further indicated in his affidavit which he corroborates in his oral submissions in court that a sum of Rs. 47,67,000. 00 representing the diet expenses for 1990-91 has also been sanctioned. He points out that a further sum of Rs. 23,42,408. 00 representing the price of the medicines for the year 1990-91 remains to be sanctioned and given a fortnight's time, the sanction order would be made.

(2.) We are surprised that the diet charges for the period up to 31/03/1991 and price of medicines supplied for that period are being cleared at the end of the year. Holding up the payments of diet bills and the price of medicines up to such a belated point of time is bound to create problems and perhaps may lead to abuse of the system. We have explained to the Health secretary that in future, and beginning from the current financial year this practice should be abandoned and funds should be so sanctioned in advance so that periodic payments may be possible.

(3.) The Health secretary in his affidavit has stated that he visited the hospital in the last week of March 1991 and found that the steps for regular supply of water had not been completed. Some explanation has been given as to the misunderstanding between the Public Works Department and the PHE Department. Though we do not accept the explanation, in view of the certificate given by the Health secretary who is also a member of this court's Committee that the work has been done - and these two engineers have reiterated that position in their respective affidavits we do not propose to make any further order except that we require Executive Engineer Rout to visit the hospital once a week at his convenience to ensure the supply of water particularly during the summer season which is about to start.