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2026 DAILYLAW 4828 (UTT)

MANISH KUMAR JAISWAL v. STATE OF UTTARAKHAND

WPMS/512/2026 · 2026-02-27

Pankaj Purohit

body2026

Judgment text

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2026:UHC:1394 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No.512 of 2026 Manish Kumar Jaiswal --Petitioner Versus State of Uttarakhand and Ors. --Respondents Hon’ble Pankaj Purohit, J. Mr. Kirti Saran Agarwal and Ms. Swati Verma, learned counsel for petitioner. 2. Mr. Suyash Pant and Mr. Devendra Pant, learned Standing Counsel for the State of Uttarakhand/respondents. 3. By means of the present writ petition, petitioner has prayed for following reliefs:- I. Issue a writ, order or direction in the nature of Mandamus, directing the respondents to grant the petitioner adequate compensation for the wrongful death of his wife and the severe loss, mental agony, and financial burden suffered by the petitioner on account of improper treatment, medical negligence, and failure of duty of care by the concerned hospital and medical authorities, including reimbursement of all medical expenses, hospital charges, and other consequential losses incurred during the course of treatment. II. Issue a writ, order, or direction in the nature of certiorari, quashing the closure report (Annexure 6) passed by the committee constituted upon the petitioner’s complaint on the CM Portal, as the said report is arbitrary, mechanical, non-speaking, and passed without affording the petitioner any meaningful opportunity of hearing. III. Issue a writ, order, or direction in the nature of Mandamus commanding the Respondents to constitute an independent, high-level Judicial Inquiry 2026:UHC:1394 Committee or an Expert Medical Board (Comprising doctors from outside the local district) to investigate the gross medical negligence and professional misconduct committed at Women’s Hospital, Haldwani and Sushila Tiwari Government Medical College & Hospital and further commanding the Respondents to initiate appropriate disciplinary and criminal proceedings against the erring doctors, nursing staff, and administrative authorities found responsible for the delayed treatment and subsequent death of Late Smt. Aanchal Jaiswal. 4. Since, there are several disputed facts regarding the so called negligence in the death of petitioner’s wife, therefore, this Court is not inclined to interfere in the present writ petition. 5. This writ petition is not maintainable. However, petitioner may seek redressal of his grievance by filing appropriate proceedings under Private Law remedy. 6. Accordingly, the present writ petition is dismissed in-limine. (Pankaj Purohit, J.) 27.02.2026 PN