RAKESH CHANDRA NARAYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) A letter addressed to the learned Chief Justice of this Court from two citizens of Patna in regard to the Mental Hospital at Kanke near Ranchi in Bihar State was considered as a public interest litigation and registered as an application under Article 32 of the Constitution. On 7-4-1986, this Court called upon the State of Bihar to file its counter-affidavit and the Chief Judicial Magistrate of Ranchi or any other Judicial Magistrate nominated by him to visit the hospital and submit a report about the conditions prevailing in the Hospital.

(2.) THE Chief Judicial Magistrate visited the hospital on 8-6-1986, and on several other occasions thereafter and submitted a detailed report on 15th of July, 1986. He found that there were 1580 beds. THE Hospital was in the sole management of the Health Department of the State of Bihar. THE State received financial contributions from West Bengal and Orissa. THEre is a Managing Committee of the Hospital consisting of 14 members in all with the Commissioner of South Chotanagpur Division as its Chairman. THE sanctioned strength of medical officers was 16 but only 9 had been filled-up and there were 7 vacancies. In the Hospital the male patients wing had 10 blocks in all, apart from the Isolation Ward, the Medical Ward and the Infirmary Ward. THEse are in 10 double storied blocks and three single storied wards in charge of separate doctors. THE female patients' unit consisted of two double storied and two single storied blocks. Each block had the capacity of 120 patients. Some of the patients had to pay for their treatment while the treatment to the general category was intended to be free. All the three residential quarters within the complex meant for the medical officers were occupied by others, one by the suspended Superintendent, the other by the retired Superintendent and the third one was by the Acting Superintendent. Three doctors were residing in the quarters meant for non-gazetted officers and the remaining doctors were staying in private houses at Ranchi about 11 kilometers away.

(3.) HE found that old iron cots had been provided in the year 1925 and only 300 more had been added by purchase. The total number of patients were 1580. Most of the iron cots having been broken were out of use and, therefore, only 300 beds were actually available.