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2019 DIGILAW 142 (MEG)

S. P. Mahanta v. Union of India

2019-05-08

H.S.THANGKHIEW, MOHAMMAD YAQOOB MIR

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JUDGMENT : Mohammad Yaqoob Mir, J. A serious cause concerning the public has been espoused by Mr. S.P. Mahanta in his application as filed. Taking serious note of the unfortunate situation which has given rise to postponement of about 34 surgeries in Cardiology Department arose in view of the internal differences between the Cardiology Department and the authorities of NEIGRIHMS. 2. Both the Director NEIGRIHMS as well as the Head of Department, Cardiology Department, Dr. Animesh Mishra have appeared today so as to make their respective stances clear. From their submissions, it appears that there is some trust deficit, as a result whereof important surgical materials required to be utilised in the surgeries have not been made available for varied reasons. 3. Director NEIGRIHMS made it clear that he is adhering to all advisories and formalities, as a Director he will ensure that all materials required by the Cardiology Department is made available to them so that surgeries are not postponed. He was clear to state that a meeting has already been convened by the Medical Superintendent but Cardiology Department did not send its representative. It is also divulged that some surgical materials are being supplied on subsidized rates under Amrit Scheme. Amrit Pharmacy at times is not supplying the materials in time which also gives rise to complicacies and it is in that backdrop modalities were to be worked out in the interest of patient care so as to purchase such materials from other sources. 4. From the submissions of the Director and Dr. Animesh Mishra unfortunate situation got birth due to the acrimonious atmosphere. At this stage, least said is better otherwise any comment may have impact on any proceeding which may be pending. 5. Both Director and Head of Department are responsible persons and respectable as well. Director has to run the administration but in the process has to abide by all norms and at the same time has to carry the entire team along with so as to achieve the object for which NEIGRIHMS was established. 6. NEIGRIHMS, a premier institution is supposed to take care of the health sector of the State of Meghalaya and other inhabitants of the neighbouring States. We are dismayed to hear that the patients in the Cardiology Department in view of the present difficulties are suffering and some patients have requested to refer them to some other hospitals. 6. NEIGRIHMS, a premier institution is supposed to take care of the health sector of the State of Meghalaya and other inhabitants of the neighbouring States. We are dismayed to hear that the patients in the Cardiology Department in view of the present difficulties are suffering and some patients have requested to refer them to some other hospitals. Earlier we were given to understand that the material made available under Amrit Scheme is not accepted to the Cardiology Department which is not a fact. The fact of the matter as emerged from their respective submission is that surgical material in quantity and quality is not made available so as to help the Cardiology Department to carry out its day to day work including emergency surgeries. Director as well as HOD have their own limitations but at the same time both have to join hands so as to see that people will not lose trust in functioning of NEIGRIHMS. 7. Head of Department has made it clear that the Cardiology Department has reached to new heights in view of dedicated working of the Department which is expected to be more committed and should not allow the situation to rise for postponement of surgeries. The claim that in view of non-availability of surgical materials it was impracticable for them to carry out surgeries is a genuine concern but at the same time they should have sorted out the problems by meeting the Director or in the meeting convened by the Medical Superintendent. 8. At this stage we are persuaded to direct both the Director as well as the Head of Department Cardiology Department to work out a working formula so that patient care may not suffer. 9. Today itself, Medical Superintendent shall hold a meeting with the Cardiology Department and immediately work out a solution so that right from tomorrow surgeries as per scheduled are being carried out. We further direct that the Chief Secretary of the State of Meghalaya shall depute an Additional Chief Secretary to head the meeting which shall be held tomorrow in NEIGRIHMS itself, in the meeting Director NEIGRIHMS, Head of Department Cardiology Department, Dr. Animesh Mishra, Medical Superintendent, NEIGRIHMS shall participate and in addition thereto, a representative from the Ministry of Health shall also participate. Ms. A. Paul would submit that a representative from the Ministry may reach Shillong today itself or tomorrow morning. Animesh Mishra, Medical Superintendent, NEIGRIHMS shall participate and in addition thereto, a representative from the Ministry of Health shall also participate. Ms. A. Paul would submit that a representative from the Ministry may reach Shillong today itself or tomorrow morning. Representative of Amrit Pharmacy shall also be included and a long term solution to all the issues shall be worked out so that the situation as it is at present may not rise again in future. Whatever decision taken by the Committee shall be implemented and report be submitted to this Court on Monday. 10. List again on Monday (13-05-2019). Copy of the order to be supplied to the learned counsel for the parties.