GAURAV GOYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition filed in public interest, petitioner prays for a mandamus directing the respondents to conduct an inquiry into the 250 illegal abortions of female foetuses leading to recovery of large quantity of foetal remains from a 20 feet deep Well/ underground septic tank at Buala Nursing Home, Pataudi, District Gurgaon, as reported in a section of the press. Petitioner also prays for mandamus directing the respondents to take appropriate action against those guilty of negligence in discharge of their official functions leading to uninterrupted abortions of female foetuses.

(2.) When this petition came up before us for orders on 24th October, 2008, it was pointed out by Mr. Ashwinie Bansal, counsel appearing for the petitioner that while an inquiry had been conducted by the Divisional Commissioner, Patiala in a somewhat similar incident involving abortion of female foetus in the district of Patiala and while action against those found involved in the said incident has been initiated, but no inquiry, administrative or otherwise, has been conducted in a similar incident involving recovery of foetal material from the place mentioned earlier. It was submitted that conducting of an appropriate administrative inquiry by the Divisional Commissioner into the said episode would not only bring to light the true facts but would also be a basis for taking action against those found negligent in discharge of their duties. This Court, finding merit with that submission, had directed the Divisional Commissioner, Gurgaon to hold an administrative inquiry into the recovery of female foetuses from the septic tank Buala Nursing Home, Pataudi, District Gurgaon and also identify those who prima facie seem to be guilty of any lapses in the discharge of their official duties, leading to the said incident. The role of officers responsible for the implementation of PNDT Act, 1994, as amended in year 2002, was also directed to be examined by the Divisional Commissioner and to suggest remedial measures to prevent such incident in future. Report of the Divisional Commissioner was directed to reach this Court not later than three months from the date a copy of that order was made available to Mr.Rameshwar Malik, counsel for the respondent.

(3.) In compliance with the above direction, an inquiry has been conducted by the Divisional Commissioner, Gurgaon and report thereof place on record before us. The Divisional Commissioner, Gurgaon has inter alia dealt with the lapses on the part of medical authorities in the implementation and enforcement of the provisions of the Act aforementioned and identified following four doctors as persons, who had neglected in performance of their duties: