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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32525 of 2025 Court No. - 2 HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 3. 2. The petitioner has preferred the present petition, inter-alia with the following prayer:-
"i. Issue a writ, order or direction in the nature of mandamus for direction upon the respondent authorities for the enquiry of the negligence of the Combined District Hospital Sikandrabad, Bulandshahr."
3. Brief facts of the case are that the petitioner suffered medical negligence when she was admitted to District Hospital- Sikandrabad, Bulandshahr for delivery. In this regard, a complaint was filed by the petitioner in the shape of representation before the authorities and since no action was taken, the petitioner had approached this Court by filing Writ-C No.13425 of 2025 (Smt. Poonam vs. State of U.P. and 3 Others), which was earlier disposed of by a Division Bench of this Court vide judgement dated 1.5.2025, which reads as follows:-
"1. Mr. Akhilesh Singh, learned advocate holding the brief, Versus Counsel for Petitioner(s) : Gaurav Tiwari, Ramesh Kumar Counsel for Respondent(s) : C.S.C. Smt. Poonam .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
appears on behalf of petitioner and submits, his client suffered medical negligence, when admitted to District Hospital- Sikandrabad, Bulandshahr for delivery. On query he submits, post delivery, there was infection and she got admitted in another hospital. USG report dated 6th December, 2024, is at page-17. His client filed police complaint and followed up by representation dated 26th March, 2025 made to the Chief Minister, amongst others. He seeks interference for direction upon concerned authority to inquire into the negligence. 2. Mr.Amit Manohar, learned advocate, Additional Chief Standing Counsel appears on behalf of State and submits, petitioner has filed police complaint and as such, further prayer for inquiry should not be entertained. 3. Respondent no.3 is directed to look into the complaint and pass necessary direction for inquiry, if deemed necessary. Petitioner will communicate certified copy of this order along with said USG report dated 6th December, 2024 and all relevant documents regarding admission of petitioner and discharge from combined District Hospital-Sikandrabad at Bulandshahr. Action taken or decision on no-action to be taken be made known to petitioner within four weeks of the communication. 4.
The writ petition is disposed of."
4. It is argued by learned counsel for the petitioner that since the aforesaid order was not complied with, the petitioner filed contempt application No.3003 of 2025 against the Chief Medical Officer, Bulandshahr. In the said contempt application, an affidavit of compliance has been filed before the Chief Medical Officer, Bulandshahr annexing the copy of the inquiry report submitted by Three Members Inquiry Committee dated 5.2.2025, copy of which is appended at page Nos.71-72 to the writ petition. It is argued that although a considerable time has already been elapsed but til date no final decision has been taken by the Chief WRIC No. 32525 of 2025 2
Medical Officer, Bulandshahr on the aforesaid inquiry report. 5. On the other hand, it is argued by the learned Standing Counsel that Chief Medical Officer, Bulandshahr/respondent No.3 will take decision in the matter expeditiously. 6. Without interfering into the merits of the case, the present petition is disposed of finally directing the Chief Medical Officer, Bulandshahr/respondent No.3 to take a decision after perusing the inquiry report dated 5.2.2025, submitted by the Three Members Inquiry Committee mostly expeditiously and positively within a period of four weeks from today. In case the decision had already taken, the same should be communicated to the petitioner. 7. Registrar Compliance is directed to communicate a copy of this order to the Chief Medical Officer, Bulandshahr /respondent No.3, by Monday, next i.e. 3.11.2025 through C.J.M., Bulandshahr. October 28, 2025 Kamarjahan WRIC No. 32525 of 2025 3 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad