Sarfaraj Hussain Khan v. The State of Assam and 6 Ors

ORDER

26.02.2024 Heard Mr M A Islam, learned counsel for the petitioner. Also heard Mr D P Borah, learned Standing counsel, Health, for respondent Nos. 1 to 6, and Ms U Das, learned Additional Senior Government Advocate, Assam, for respondent No. 7.

¶2By filing the writ petition, the writ petitioner assails the medical negligence on the part of the doctors of Dhubri Civil Hospital, resulting in the death of the petitioner's mother.

¶3The case of the petitioner is that the petitioner's mother, i.e., Chhabiha Khatun, was declared COVID positive on 23.05.2021 and was admitted in the COVID Centre of Dhubri Civil Hospital, but the doctors did not conduct any test on the petitioner's mother and due to such negligence, the health condition of the petitioner's mother deteriorated and lastly, on 28.05.2021, she was referred to the Super Speciality Hospital of GMCH, where she died on 29.05.2021. Page No.# 3/3

¶4It is submitted at the Bar that this petition can be disposed of with the direction to conduct an inquiry into the subject allegation of medical negligence.

¶5As such, this Court disposes of this writ petition with a direction that the jurisdictional District Medical Board shall cause an inquiry with regard to the allegation of the petitioner, relating to the negligence on the part of the doctors at Dhubri Civil Hospital, in giving treatment to the petitioner's mother for the period, 23.05.2021 to

28.05.2021 and submit a report to the Health Department, upon which the Department shall take necessary action, in accordance with law.

¶6It is needless to clarify that the aforesaid exercise shall be completed within a period of 6 (six) weeks from the date of receipt of a certified copy of this order.

¶7The petitioner is at liberty to supply a certified copy of this order to the Joint Director of Health Services, Dhubri (respondent No. 3).

¶8With the aforesaid observations and directions, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010077122022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2791/2022o SARFARAJoHUSSAINoKHANo S/O-oSAMIRoHUSSAINoKHAN,oR/O-oN.S.oROAD,oNEWoMARKET,oWARDoNO.o5,o P.S.oDHUBRI,oDIST.-oDHUBRI,oASSAM,oPIN-o783301. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oHEALTHoANDo FWoDEPTT.,oDISPUR,oGHY.-06. 2:THEoDIRECTORoOFoHEALTHoSERVICES oASSAM oHENGRABARI oGHY.-36. 3:THEoJT.oDIRECTORoOFoHEALTHoSERVICES oDHUBRI oDIST.-oDHUBRI oASSAM oPIN-o783301. 4:THEoSUPERINTENDENT oGAUHATIoMEDICALoCOLLEGEoANDoHOSPITALo(GMCH) oBHANGAGARH oGHY.-05. 5:THEoSUPERINTENDENT oDHUBRIoCIVILoHOSPITAL oDIST.-oDHUBRI oASSAM oPIN-o783301. 6:THEoNODALoOFFICER Page No.# 2/3 DIST. COVID-19 CENTRE DHUBRI CIVIL HOSPITAL DIST.- DHUBRI ASSAM PIN- 781301. 7:THE DY. COMMISSIONER DHUBRI DIST.- DHUBRI ASSAM PIN- 781301 Advocate for the Petitioner : MR. M A ISLAM Advocate for the Respondent : SC, HEALTH BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI