LAWS(JHAR)-2006-7-7

CITIZENS CAUSE Vs. STATE OF JHARKHAND

Decided On July 24, 2006
CITIZENS Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) In this Public Interest Litigation, the petitioner had brought to the notice of the Court the malfunctioning of Rajendra Medical College and Hospital, Ranchi (now known as Rajendra Institute of Medical Sciences, Ranchi), alleging therein, that the Hospital was encroached by a number of persons; there was no boundary wall; no security arrangement; stray animals (specially dogs) and that antisocial elements were moving and visiting the Hospital as well as the residential area freely. The toilets and bathrooms were in dilapidated state and practically there was no supply of water and, as such, the Hospital was facing acute crisis. The internal wiring of the Hospital was in such a dangerous condition that it might cause accident at any point of time. Other malfunctioning was also brought to the notice of the Court.

(2.) On 31st January, 2001 this Court, having noticed the allegations of non-functioning/malfunctioning of a crucial part of public life, dealing with health care of the residents and citizens, took up the matter and constituted a "Two-Member Committee" to enquire into the matter. It was reported that large number of persons had encroached the Hospital itself and other allegations relating to malfunctioning were also found to be correct. A Guest House of the Medical College was kept by the police officials as Police Station and the quarter of Superintendent of the Hospital was occupied by one of the Ministers of the State. This is how the Institute was functioning and the people were frightened to move the Hospital. Orders were passed from time to time to remove encroachments and to clean dirt, filth, garbage etc. and the Electricity Board was directed to supply electricity, as electricity was not being supplied throughout the day.

(3.) In spite of repeated orders, passed from time to time, no step was taken to remove all the encroachments and even one of the Ministers continued to occupy the quarter of Superintendent of the Hospital. Since 2001 continuous monitoring were done and orders were passed from time to time, on account of which certain improvements, like removal of encroachments, cleaning of filth, garbage etc., took place for the time being. After a number of orders, having been passed by this Court, ultimately an order was passed by the Supreme Court and thereafter, pursuant to initiation of a contempt proceeding, the said Minister vacated the quarter of the Hospital.