Contempt in PIL seeking facilities for cancer patients
Excelsior Correspondent
JAMMU, Jan 2: In a contempt petition filed by Advocate AV Gupta, Division Bench of State High Court comprising Chief Justice Gita Mittal and Justice Tashi Rabstan has sought the personal appearance of Administrative Secretary of Health and Medical Education Department.
The contempt petition was filed after the Health and Medical Education Department failed to implement the directions passed in a Public Interest Litigation (PIL) seeking adequate facilities for the treatment of cancer patients in the State.
After hearing Advocate Ajay Sharma with Advocate Aditya Gupta for the contempt petition whereas AAG FA Natnoo for the State and CGSC Sandeep Gupta for the Union of India, DB observed, “court orders are required to be strictly complied with. The official respondents, who are discharging public functions, are bound to not only comply with the orders passed by the court but also to discharge their public obligations with seriousness specially when the same impacts the health of the citizens who they serve”, adding “the present case pertains to the patients suffering from a critical disease”.
“The manner in which the orders passed by this court are being treated compels this court to implead the Secretary, Ministry of Health and Family Welfare, Government of India as a party respondent and issue him notice to show cause as to why the contempt of court proceedings be not initiated against him”, the DB further said.
DB further directed Principal Secretary Health & Medical Education of the State to remain present in person on the next date of hearing.
AAG FA Natnoo informed the court that Principal Secretary Health has taken certain steps for relaxation of the eligibility conditions to enable employment of faculty and changes in the rules also stands notified. Upon this, DB directed, “let the same be brought on record with the status report regarding the action taken pursuant to the amendments”.
“An important issue as lack of cancer treatment facilities as well as PET Scan machine is receiving scant attention from the respondents despite orders passed by this court dated 17th February, 2016 in WPPIL No. 21/2015. The Union of India through Secretary, Department of Health and Medical Education was party respondent in the writ petition and the record shows that on 12th March, 2018, the then ASGI was directed to ensure that the status report was filed within time. Despite repeated and specific orders on the subject, we are informed by Sandeep Gupta, CGSC that he has received a communication from the Director (NCD) from the Ministry of Health and Family Welfare”, the DB observed.
The Director NCD has mentioned in the communication that Utilization Certificate in respect of Grant-in-Aid of Rs 2 crore released to Government Medical College, Jammu, during 2005-06 was required to be settled before approval of proposal and release of Government of India share.
Follow our WhatsApp channel