Paschim Banga Khet Mazdoorsamity ... vs State Of West Bengal & Anr on 6 May, 1996
Centres" where primary and general treatment is provided but no specialist treatment is available.
Hakim Seikh was examined by the medical officer at the Block Health Centre at Mathurapur and
after giving him first-aid the Medical Officer referred him to the Diamond Harbour Sub- Divisional
Hospital or any State hospital for better treatment. It is also admitted that Hakim Seikh was brought
to Neel Ratan Sircar Medical College Hospital at 11.45 P.M. on July 8, 1992 and there he was
examined and two skull X- rays were also taken. The medical officer who attended him at that
hospital recommended immediate admission for further treatment but he could not be admitted in
the particular Department, i.e., Surgery Department having neurosurgery facilities as at the material
point of time there was no vacant bed in the Surgical Emergency Ward and the regular surgery ward
was also full. It is also admitted that Hakim Seikh was thereafter taken to the Calcutta Medical
College Hospital, Calcutta National Medical College Hospital and Bangur Institute of Neurology in
the early morning of July 9, 1992 but he could not be admitted in any of these hospitals because of
non-availability of bed. It was stated that Hakim Seikh could Not be admitted in all the hospitals
having facility of neuro surgery as all such beds were fully occupied on the date/dates and that such
a patient cannot be given proper treatment if he is kept on the floor of a hospital or a trolley because
such arrangement of treatment is fraught with grave risks of cross infection and lack of facility of
proper post-operative care. In the said affidavit it is also stated that total number of beds
maintained by the State Government all over the State is 57,875, out of which 90% are free beds for
treatment of poor and indigent patients and all the beds in the concerned wings in the Government
hospitals in Calcutta where Hakim Seikh reported for treatment were occupied on the relevant
date/dates.
During the pendency of this writ petition in this Court the State Government decided to make a
complete and thorough investigation of the incident and take suitable departmental action against
the persons responsible for the same and to take suitable remedial measures in order to prevent
recurrence of similar incidents. The State Government appointed an Enquiry Committee headed by
Shri Justice Lilamoy Ghose, a retired Judge of the Calcutta High Court. The terms and reference of
the said Committee were :
"A. Enquiry into the circumstances under which the said Shri Hakim Seikh was
denied admission to the State Government hospitals.
B. Fixing responsibilities for dereliction of duties if any, on the part of any
Government official in this respect.
C. Recommendations on actions against the Government officials who have found
wanting in the discharge of their official duties in this respect.
D. Recommendations on actions that should be taken by the State Government to
rule out the recurrence of such incident in future and to ensure immediate medical
attention and treatment to patients in real need."
The Committee submitted its report dated March 21, 1995. In the said report, the Committee, after
examining the relevant record at the various hospitals, has found :
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