In Re Irregularities vs Union Of India And Others

R.S., CJ

[1] Heard Mr. Kh.Tarunkumar, learned Amicus curiae for the petitioner. Also heard Mr. M.Devananda, learned counsel for the RIMS, Mr.S.Suresh, learned CGC for the Union respondents as well as Mr. P.Tamphamani, learned counsel appearing on behalf of the learned Advocate General for the State.

[2] On 06.11.2017, this suo moto PIL was taken up for the following reasons:-

"6.11.2017

Acting CJ,

This matter has been taken up on the basis of a local English newspaper report appearing in "The People's Chronicle" in its edition dated 2nd November, 2017 alleging serious irregularities and corruption in the premier public medical college in the north east, namely, the Regional Institute of Medical Sciences. This report is purportedly based on a complaint letter addressed to the Prime Minister's Office by a student of the Institute.

Though we are not vouching for the correctness of the report at this stage, considering the seriousness of the allegations made, we have genuine reasons to be worried of. It is the premier medical institute not only teaching medical sciences catering to the students of the north eastern states and the rest of the country, but also providing health care services as a hospital.

Though, one might counsel to await appropriate response from the Prime Minister's Office to which the complaint has been stated to be made, since the matter has been placed in the public domain with the publication in the local newspaper alleging serious irregularities which touch upon the capability of the Institute to render effective health service, and since illness, sickness cannot be postponed and death 2 avoided, we have considered that this is a matter of immense public interest which brooks no delay. Accordingly, we have exercised our discretion to take up this matter suo moto on the basis of the newspaper report.

Right to health, and health care is an inseparable part of the right to life as guaranteed under Article 21 of the Constitution of India. It has been held by the Hon'ble Supreme Court in Balaram Prasad Vs. Kunal Saha, (2014) 1 SCC 384 that right to health is a fundamental right under Article 21 of the Constitution and hospitals are liable to provide treatment to the best of their capacities to all the patients. It has been also held in State of Punjab Vs. Ram Labhaya Bagga,(1998) 4 SCC 117 that it is the obligation of the State to tone up health services. Article 41 of the Constitution mandates that the State shall, within the limits of its economic capacity and development, make effective provision for securing, amongst others, public assistance in cases of old age, sickness and disablement. Further, it has been provided under Article 47 that it is the duty of the State to improve the public health.

The capability of the RIMS to render effective and proper health care services to the public, specially to the poor and underprivileged has been seriously doubted because of the nature of the irregularities alleged. It has been alleged, amongst others, that,

(i) MRI machine has not been functioning for four months,

(ii) CT scan service has been ceased since about a month,

(iii) Buildings constructed to house various requirements of the RIMS have been left incomplete inspite of financial sanctions,

(iv) The SICU (Surgical Intensive Care Unit) has no ventilator, no monitor,

(v) Neonatal ICU is not available,

(vi) It has only one functional ultrasonography (USG) machine. The one installed in the labour room is not working which 3 is one of the most important clinical instrument in a labour room,

(vii) Patients have to purchase all the medicines from outside including iron and folic acid tablets from their own sources,

(viii) There is no defibrillator in the casualty ward, condition of which is nothing better than a toilet.

(ix) There are also allegations of financial irregularities. We wonder if an institution which itself suffers from serious administrative malaises can offer effective health care and services to the people.

We feel that one of the most efficacious ways to dispel any public doubt of the irregularities in the functioning of an important public institution discharging crucial and critical role in maintaining public health, is by portraying the correct picture of the current state of affairs, which process we intend to initiate by taking up this matter suo moto. As the matter calls for immediate remedial measures, if the allegations have elements of truth in it, we have felt it necessary that the matter should be examined as expeditiously as possible. While the authorities of the RIMS are also called upon to clarify these allegations by filing appropriate return before this Court, we have also felt that if a Court appointed Commission looks into the matter and reports to us, it would enhance the public confidence of the functioning of the RIMS.

We, accordingly, appoint Dr. M. Kunjabihari Singh, Retired Addl. Director, Manipur Health Services of Wangkhei Ningthempukhri Mapal, Imphal East, the Registrar (Administration) of the High Court of Manipur and Sri Kh. Tarunkumar Singh, Advocate, High Court of Manipur to look into these allegations made referred to above and submit a report by 20th November, 2017. The three member Committee shall be given access to all the Departments and offices of the RIMS and also to official documents maintained by the RIMS relating to the enquiry for which the Director shall give full cooperation to the Committee. The Committee is also free to report on any other glaring shortcoming in the 4 functioning of the health care service rendered by RIMS if it comes to their notice during the enquiry.

The Director of RIMS will also file by the next date without fail an affidavit in response to the allegations made in the newspaper irrespective of an independent of the enquiry by this Court appointed Committee.

We accordingly, issue notice returnable on 20th November, 2017.

Mr. M. Devananda, learned counsel accepts notice on behalf of the RIMS, Mr. S. Suresh, learned CGC on behalf of the Union of India and Mr. P. Tamphamani, learned counsel assisting Mr. N. Kumarjit, learned AG on behalf of the State Government.

Registry of this Court to send notice to the Medical Council of Manipur through its Chairman, Imphal through a special messenger of this Court.

List this matter on 20th November, 2017.

A copy of this order may be furnished to all the members of the Committee as well as to all the counsel for the parties appearing before this Court along with a copy of this suo-moto taken up petition.

Remunerations in respect of Dr. Kunjabihari Singh and Sri Kh. Tarunkumar Singh, Advocate will be paid by the RIMS authorities which will be decided on the next date."

[3] Another detail order has been passed by this Court on 21.12.2017, which is extracted as below:-

"21.12.2017

(Acting CJ)

Heard Mr.M.Devananda, learned counsel for the RIMS as well as Mr. N.Kumarjit, learned AG for the State respondents. Heard also Mr. S.Suresh, learned CGC for the Union respondents.

[2] When this matter was taken up, it has been submitted by Mr.Devananda, learned counsel for the RIMS that the RIMS authorities had given detailed proposals for purchase of equipments vide letter dated 14th September, 2017 under No.AC-1/Budget/RIMS-2017 as well as letter dated 14th December, 2017 under No.B/2923/2015-RIMS and also requesting for providing necessary funds. It is submitted by Mr.Devananda that if the proposals submitted by the RIMS authorities through the aforesaid letters are taken care of, most of the problems faced by the RIMS in the present day-to-day functioning, particularly, for treatment of the patients would be addressed to a great extent. The proposal sent by the RIMS authorities through the aforesaid two letters are indicative of the present state of affairs which have been crying for attention for a long period of time as many of these important machines/medical equipments have not been functional or have become out dated for a long period of time.

[3] We also feel that these proposals require urgent attention from the respondent Union as otherwise the medical service rendered by the RIMS will be compromised to a great extent. It needs no emphasis to remind that the RIMS was established in the State in the model of All India Institute of Medical Sciences as first rate institution in this region not only as a medical college but also to render medical services to the needy and poor patients and to provide specialised treatment for various ailments. Accordingly, we are, at this stage, re-emphasizing the importance and urgency for procurement of the machines/instruments as proposed by the RIMS authorities vide the aforesaid two letters. We accordingly request the authorities, more particularly, the respondent No.1 to submit before this Court by the next date as to their response and their concrete proposals to meet the requirements of the RIMS keeping in mind that providing proper health care system is now a facet of the right to life as guaranteed under Article 21 of the Constitution.

[4] There is another issue of lack of water supply in the RIMS which has not been found available in the course of the enquiry by the Commission appointed by this Court in this regard which is a matter of grave concerned to all of us. Learned Advocate General has submitted that State Government had taken all necessary steps for providing water within the limited State capacity. It has been stated in para No.3.2 of the affidavit-in-opposition filed by the respondent No.3 that the PHED, Manipur made a Bulk Supply Water connection to RIMS Hospital from Kangchup to Keishampat Dedicated Line. This Bulk Supply is made through a 80mm diameter size pipe line via Naoremthong. This water supply system is made available between the hours from 2 p.m. to 10 a.m. of the next day uninterrupted daily. It has been further submitted that this Bulk Supply operational management and cost of Pipe Line construction from Naoremthong to RIMS is done and borne by the RIMS Engineering Cell. It has been further stated in para No.3.8 that the Ladies/Gents Hostel, RIMS situated to the northern side of RIMS Hospital are getting 24 -hour water service/facility through unauthorised line from the said Iroisemba to Cheiraoching Dedicated Line. The RIMS authority is not paying tax for this water facility as the same is under unauthorised connection system. It has been stated in para No.3.10 of the affidavit-in-opposition that a joint field visit was made comprising both the officials of the PHED and RIMS and in that visit the RIMS Engineering Cell disclosed that the Bulk Supply Line has been plugged by them as no water is reaching RIMS due to various leakage in the Pipe Line few months back.

[5] On the other hand, it is the complaint of the RIMs authority that they are not getting water supply from the State.

Nothing has been indicated from the RIMS authorities as to the steps taken for improving the water supply system in RIMS except for stating that they are purchasing water from a supplier costing about Rs. 6 lakhs per month which could very well have been utilized for the development or maintenance purposes of the RIMS.

[6] We are deeply concerned with and completely at a loss as to the state of affairs obtaining as far as the supply of water is concerned in the RIMS hospital. In view of the conflicting positions stated before this Court by the RIMS authorities as well as the State Government , we are of the view that it may be necessary to ascertain the situation on the ground about the supply of water to RIMS for which we constitute a Committee to ascertain the same.

[7] We accordingly, constitute another Committee consisting of Sri B. Khelchandra Sharma, Rtd. SE, PHE and earlier members of the Committee, namely Dr. M. Kunjabihari Singh, Rtd. Addl. Director, MHS and Sri Kh. Tarunkumar, Advocate to look into this issue and submit a report including suggestion for improvement of water supply in the RIMS authorities. The Committee will submit a report before the next date of hearing. The honorarium for the Committee member will be decided on a later date.

[8] As regards the issue of non-supply of medicines to the in-house patients, it has been reported by the Committee constituted on 06.11.2017 that majority of the patients, whom they had interacted, had stated that they did not receive any medicine which are to be supplied free of cost by the RIMS. On the other hand, it has been submitted by Mr.Devananda, learned counsel for the RIMS that necessary medicines are being provided free of costs to the in-house patients and there are documents to prove the same.

[9] In view of the above, let Mr.Devananda, learned counsel for the RIMS produce all the relevant records showing supply of medicines free of costs to the in house patients, acknowledged by the parties wherever provided.

[10] In the meantime, the members of the Committee appointed by this Court on 06.11.2017 are requested to visit the RIMS and find out, more particularly, regarding the allegations of non-providing of medicines free of costs to the in house patients as and when they may deem appropriate, and submit a report, however, before the next date so that this Court may examine the same. It is also made clear that the Committee members may interact with the in-house patients, without the officers of the RIMS authorities.

[11] Let a copy of this order be furnished to all the parties. Registry to inform all the members of the Committees.

[12] List again on 29.01.2018."

[4] Again, on 01.3.2018, another order was passed this Court as under:-

"1.3.2018

ACJ

Heard Mr. M. Devananda, learned counsel for the RIMS and Mr. R.S.Reishang, learned counsel for the State.

As regards the issue of the availability of free medicines to in-house patients, Mr. M. Devananda, learned counsel for the RIMS submits that the same is being provided. However, there are certain issues which he would like to submit in a sealed cover. He is permitted to do so. Mr. Kh. Tarunkumar, learned Amicus Curiae is also permitted to submit his own report.

Secondly, as regards laying of pipeline, it has been submitted by Mr. R.S. Reishang, learned Government Advocate that the PHED has already informed the RIMS authority on 22/2/2018 about the revised estimate to the tune of Rs. 28,54,954/- to be paid by the RIMS authorities to the State Government to revive the water supply inside the RIMS complex, so that the said work can be started.

We are of the view that there shall be no further delay in executing the work for water supply. The RIMS will immediately deposit the amount of Rs. 28,54,954/- to the State Government and the State Government will thereafter immediately start the work.

List the matter after vacation on 12/3/2018 (Monday) on which date the RIMS as well as the State authorities will inform this Court of the progress of the works."

[5] Thereafter, on 26.3.2018, this Court passed another order as below:-

"26.3.2018

(Acting CJ)

Today, when this matter was taken up, a second report prepared by Mr. Kh. Tarunkumar, learned counsel, Mr. Rojit Singh, Registrar (Administration), High Court of Manipur and Dr. M. Kunjabihari, retired Addl. Director, Manipur Health Services has been submitted relating to availability of free medicines and other items to the in-patients of RIMS Hospital.

The members of the Court appointed Commission visited the Surgery Ward (Male), Paediatrics Ward, Gynaecology Department and Medicine Wards both Male and Female. The report suggests that though medicines were given free of cost to some of the patients, some of the patients were not provided free medicines.

Accordingly, we are of the view that, this matter will require a more detail consideration as to the policy/modality/norms being followed in Government Hospitals like RIMS regarding the extent of availability of free medicines and other items for treatment etc.

However, Mr. M. Devananda, learned counsel for the RIMS is not present today as he is stated to be out of station and a request have been made by Ms. Jyotsna, learned counsel on behalf of Mr. M. Devananda to adjourn the matter for the day.

Accordingly, the matter stands adjourned to 4th April, 2018, on which date, we would require the RIMS authority to submit before this Court as to the policy/procedure/methodology/norms being followed for providing free medicines and other items to the in-patients of RIMS hospital.

Mr. N. Kumarjit, learned AG for the State has also informed this Court that the laying of water pipes for water supply inside the RIMS hospital has also commenced and it is expected to be completed within the month of April, 2018."

[6] On 4.4.2018, this Court passed another order which is extracted as below:-

"4.4.2018

(Acting CJ)

Heard Mr. Kh. Tarunkumar and Mr. P. Jacob, learned counsel and members of the Court appointed Commission. Heard also Mr. M. Devananda, learned counsel for the RIMS, Mr. N. Kumarjit, learned AG assisted by Mr. P. Tamphamani, learned counsel for the State and Mr. S. Suresh, learned ASG for the Union.

This Court had passed an order on 26-3-2018 directing the RIMS authority to submit before this Court as to the policy/procedure/methodology/norms being followed for providing free medicines and other items to the in-patients of RIMS hospital.

The RIMS authorities have filed their affidavit-in-opposition dated 2-4-2018 in which they have annexed a number of photographs to show that the list of medicines available in RIMS have been displayed on the notice board publicly.

What this Court had wanted from the RIMS authority is the policy/procedure/methodology/norms being followed for providing free medicines and other items to the in-patients of RIMS hospital. In case, such policy/guidelines have not been laid down by the RIMS authority or by the competent authority, the RIMS authority may devise its own method and frame necessary guidelines so that the in-patients as well as the public at large would know such policy.

Accordingly, the RIMS authorities are directed to submit such policy or guidelines or the procedure or the norms for providing free medicines and other items to the in-patients of the hospital.

In this regard, Mr. M. Devananda, learned counsel for the RIMS submits that he may be granted two weeks' time to produce the same and if such policy or guidelines are not laid down earlier, they would do the same.

Accordingly, list the matter again on 25th April, 2018.

By the next date, the RIMS authority will also apprise this Court as to the progress of the work for providing potable water to the RIMS for which the PHED authorities have been already engaged. The State authorities will also submit in their affidavit as to the progress made for supply of potable water inside RIMS hospital.

Mr. Kh. Tarunkumar, learned member of the Commission has submitted that, on interaction with some of the in-patients, it has been revealed that they are still made to purchase medicines from outside. This is a serious matter as the RIMS authorities have submitted before this Court that free medicines are given to in-patients.

The RIMS authorities are accordingly directed to ensure that free medicines which are supposed to be supplied to the in-patients are so supplied and the in-patients are not made to purchase from outside.

Mr. M. Devananda, learned counsel submits that the submission of Mr. Kh. Tarunkumar, learned member of the Commission is based on the inspection on 27th January, 2018 and things have improved since then and no such incidents have occurred thereafter.

A Compact Disc (CD) containing the report prepared by Mr. Kh. Tarunkumar, learned member of the Commission is submitted before this Court.

Copies of this CD along with a copy of this order may be furnished to the learned counsel for all the parties."

[7] 0n 25.4.2018, this Court passed another order which is extracted as under:-

"25.4.2018

ACJ

Heard Mr. P. Jacob, learned counsel for the petitioner; Mr. N. Kumarjit, learned Advocate General assisted by Mr. P. Tamphamani, learned counsel for the State; Mr. S. Suresh, learnd CGC for the Union and Mr. M. Devananda, learned counsel for the RIMS.

Mr. M. Devananda, learned counsel for the RIMS has submitted that as far as the supply of water to the RIMS is concerned, it has been informed that the physical laying of pipeline is complete. Now, it is for the State Government to provide regular water supply to the RIMS. Learned Advocate General submits that that will be done within this month. This Court appreciates the steps taken by the authorities which are for the benefit of the public particularly, the patients attending RIMS.

As regards laying of guidelines/policy/procedure/methodology /norms for providing free medicines and other items to the in-patients of the hospital, it has been submitted that the meeting was held on 13/3/2018 in the office chamber of the Medical Superintendent, RIMS Hospital, Imphal in which most of the Heads of Department of RIMS, Imphal had participated and after discussion on the matter had formulated the policy/guidelines/procedure/protocol/methodology/norms of giving free medicines to the in-patients of RIMS hospital, Imphal and it has been submitted that the matter will now be submitted to the Union authorities for necessary approval.

We also appreciate the steps being taken by the RIMS authorities in this regard. We, however, make it clear that this draft proposal to be submitted to the Union Ministry will remain effective till such approval with necessary amendments is made by the Ministry in this regard. Accordingly, the RIMS authorities shall notify the said draft policy /procedure immediately so that all the patients whoever are treated in the RIMS will know the facilities being provided.

List the matter on 18/5/2018 (Friday) on which date the learned counsel for the RIMS authorities will inform about the supply of water as well as about the approval of the guidelines.

Copies of this order may be furnished to the learned counsel for all the parties."

[8] Again, on 11.6.2018, this court passed another order which is quoted as below:-

"11.06.2018

R.S. C.J,

Mr.Kh.Tarunkumar, learned Advocate Commissioner appearing for the petitioner has filed two sets of inspection report in the form of photographs, which shows marked improvement in the maintenance of the RIMS hospital.

We record the present status as stated by the Advocate Commissioner and direct the RIMS authorities to maintain and improve the condition further and if required they may seek additional funds from the appropriate or competent authority for enhancing the quality and maintenance of the hospital.

With this direction, we adjourn the matter to 31.7.2018 Copies of the report be furnished to the parties and also upload in the net."

[9] Further, on 31.7.2018, this Court also passed another which is quoted hereunder:-

"31.07.2018

R.S. C.J,

Mr.M.Devananda, learned counsel for the RIMS states that there is specific improvement in the maintenance and upkeep of the RIMS hospital complex.

However, Mr.Kh.Tarunkumar, learned Commissioner, appearing for the petitioner states that certain developments in the nature of construction of additional theatres in the complex are not going on in full speed and thereby depriving the public the efficient and proper medical care.

The RIMS respondent is directed to submit a detailed affidavit of the list of ongoing project in relation to various departments and submit status report on the progress of such new blocks or new departments.

Time for submission of affidavit is 27.8.2018

Copy of this order be furnished to the learned counsel for the parties."

[10] On 18.9.2018, this Court again passed another order as under:-

"R.S. C.J,

18.09.2018

Mr.S.Suresh, learned ASG states that he will get positive response from the Ministry of Health & Family Welfare, New Delhi for development of RIMS.

It is needless to state that the Union Government, Health Ministry has time and again impressed upon the State of Manipur that they will ensure that RIMS is developed on the lines of All India Institute of Medical Sciences (AIIMS).

We direct the Government of India, Ministry of Health and Director General, Health Services to take positive steps for improving and developing the RIMS, Manipur on the lines of AIIMS. We expect an early response from the two authorities of the Union on or before 15.10.2018.

Copy of this order be furnished to Mr.Suresh, learned ASG so that he can inform the department concerned to implement the direction of this Court without any further delay.

Put up on 16.10.2018"

[11] Pursuant to the direction dated 18.9.2018, Shri Suresh, learned CGC appearing for the Union Ministry of Health & Family Welfare, New Delhi stated that steps were taken and the cooperation from the Union Ministry of Health & Family Welfare was recorded vide order dated 14.11.2018. The proposal of the RIMS for additional funds was included in the supplementary budget and on 3.12.2018, the following further direction was issued:-

"03.12.2018.

CJ

On 14.11.2018, the following order was passed :

"Today, when the matter is called out, Mr.S.Suresh, learned ASG produces a copy of e-mail letter dated 30.10.2018 which reads as follows:-

"Sir,

I am directed to refer to your email dated 16.10.2018 on the subject mentioned above and to forward the following information on the Additional Affidavit in PIL No.37/2017 filed by RIMS, Imphal.

In RE 2017-18 and BE 2018-19, RIMS, Imphal proposed an allocation of Rs.511.27 crores and Rs.558.81 crores respectively. Against which RIMS, Imphal was allocated a sum of Rs.309.83 crores in RE 2017-18 and Rs.201.40 crores in BE-2018-19 based on the allocation of funds under ceiling made by the Ministry of Finance.

In RE-2018-19 and BE-2019-20, RIMS, Imphal proposed an allocation of Rs.532.78 crores and Rs.612.45 crores respectively. The projected requirement of RIMS, Imphal under RE-2018-19 and BE 2 2019-20 have been communicated to the Ministry of Finance. The final allocation will depend on the allocations RE -2018-19/BE-2019-20 figures and ceilings all finalized by the Ministry of Finance.

You are requested to suitably apprise the above position to Hon'ble Court and the development of the case may be intimated to the Ministry."

The same is taken on record and the matter be listed on 3rd December, 2018 so as to enable the Ministry of Health and Family Welfare, Govt. of India to file further response in addition to the financial allocation sought for by the RIMS Hospital.

List accordingly on 03.12.2018."

Today, when the matter is taken up, Mr. S. Suresh, learned ASG produced a copy of e-mail letter dated 30.11.2018 on the subject.

It appears that the Health Ministry has requested Finance Ministry that the requirement of RIMS for additional funds should be included in the Second Batch of Supplementary. In addition to this a proposal for reappropriation of Rs. 10 crores has also been sent to the Ministry of Finance. Copy of the e-mail by the Ministry of Health dated 30.11.2018 for additional funds for RIMS reads as follows :

"Sir,

I am directed to refer to your email dated 18.11.2018 on the subject mentioned above and to forward the following information on Public Interest Litigation (PIL) No. 37 of 2017:

The proposal of RIMS for additional funds has been included in Second Batch of Supplementary. In addition to this proposal for re-appropriation of Rs. 10 crore for approval of Ministry of Finance, is also pending for decision. The approval of Ministry of Finance is awaited.

This has approval of the Competent Authority."

We record the above.

Needless to state that the RIMS is one of the primary multidisciplinary hospital in the State of Manipur which can cater all forms of specialized treatments. It was developed on the lines of All Indian Institute of Medical Sciences (AIIMS) and therefore, we would like to impress upon the Ministry of Health and Ministry of Finance Union of India to consider additional funds for development, maintenance and upkeep of RIMS, Imphal, Manipur. This will ensure that pending projects are cleared.

The difficulty of the people of Manipur to reach other places for medical care should be kept in mind. Therefore, the only alternative is development of RIMS on par with the AIIMS. Unfortunately, it is reported that the RIMS is suffering a great deal for want of financial grant and support.

We request the Ministry of Finance, Government of India and Ministry of Health, Government of India to do the needful to address this issue on war footing.

List the matter for hearing on 21.01.2019 for enabling Mr. S. Suresh, learned ASG to file further report.

Copy of this order be issued to Mr. S. Suresh, learned ASG and Mr. Devananda, learned counsel for the petitioner."

[12] The support of the Union of India, Ministry of Health and Family Welfare was recorded in the order dated 21.1.2019 which is extracted as below:-

"21.01.2019

CJ

Today, when the matter was listed Mr. Gyananda assisting Mr S. Suresh, learned ASG produced a copy of the proceeding of the Government of India. The same reads as follows :-

"MOST IMMEDIATE

BY E-MAIL

No.U-12025/34/2017-NE(Vol-II)

Government of India

Ministry of Health & Family Welfare (NE Division)

Nirman Bhawan, New Delhi

Dated 16 January, 2019

To Shri Sarangthem Suresh Singh

Assistant Solicitor General

Sagolband Ingudum Leirak

Imphal West District

Manipur- 795001.

Subject: Information on Public Interest Litigation (PIL) No. 37 of 2017: The High Court of Manipur V/s The Union of India & Ors. Regarding Irregularities in RIMS Hospital, Imphal- reg.

Sir,

I am directed to refer to your email dated 11.12.2018 on the subject mentioned above and to forward the following information on Public Interest Litigation (PIL) No. 37 of 2017.

Re-appropriation of interim funds of Rs. 10 crore under Grants-in-Aid General has been provided to RIMS, Imphal to meet the urgent requirement of funds for Hospital and Institute. In addition, allocation of an amount of Rs. 302.05 crore under RE 2018-19 and allocation of Rs. 450.00 under BE 2019-20 has been made to RIMS, Imphal.

This has approval of the Competent Authority.

Yours faithfully

Sd/-

(C.S. Bahuguna)

Under Secretary to the Government of India

Tel: 01123061875

Copy to - Director, RIMS Imphal for information."

We record with appreciation the steps taken by the Secretary to the Government of India, Ministry of Health & Family Welfare (NE Division) in sanctioning substantial amount for improvement of RIMS, Imphal. This will go a long way in providing quality health care. We observe that the Government should ensure the timely allocation of fund, so as to enable RIMS, Imphal to upgrade itself to the level of All India Institute of Medical Science (AIIMS) which objective was the prime reason for establishment of RIMS, Imphal.

A copy of this order be sent to the Secretary of Government of India, Ministry of Health & Family Welfare for further follow up action.

Copy to other Counsels as well.

List the matter on 04.03.2019."

[13] Then, on 4.3.2019, this Court passed following order which is extracted:-

"4.3.2019

M. Devananda, learned counsel for the RIMS submits that construction of the OPD building has resumed by appointing a new contractor and as regard supply of water, he submits that they are facing problem of water through the pipes connected to RIMS and further submits that, if the Government permits to draw water from the other two dedicated pipes which are passing through RIMS, there would be no problem with water.

Accordingly, the RIMS authority is directed to approach the authorities concerned with respect to drawing of water from the other two dedicated pipelines and to report the same to the Court by the next date by filing an appropriate affidavit in this regard.

List the matter again on 29th March, 2019.

A copy of this order may be furnished to Mr. M. Devananda, learned counsel for the RIMS."

[14] It was submitted by Mr.Tarunkumar, learned Amicus curiae that almost all the issues which were raised at the first instance has been addressed by the RIMS authorities by upgrading the equipments and providing proper treatment to the out-patients and in-patients. The developments which have been initiated based on financial support given by the Union Ministry of Health & Family Welfare has also been taken up. Mr. Devananda, learned counsel for the RIMS authorities states that free medicines as prescribed by the rules have been given to the patients without discrimination and it will be maintained. His statement is taken on record.

[15] The primary issue that remains unattended is construction of new buildings for enhancing capacity of the RIMS campus in various fields. In this regard, it is stated that there was a pending Arbitration proceeding in New Delhi, which got resolved and construction has been handed over to Manipur Tribal Development Corporation at the request of the State Government. However, Mr. Tarunkumar, learned Amicus Curiae, appearing for the respondent No.3 states that work is not progressing in full speed and there appears to be some delay. Accordingly, the Managing Director, Manipur Tribal Development Corporation is directed to complete the project without undue delay and progress should be submitted through the Registrar (Judl.) once in three months.

[16] Copy of this order be issued to the Managing Director, Manipur Tribal Development Corporation and the Chairman, Manipur Tribal Development Corporation will also oversee implementation of the project in RIMS hospital to ensure that the building is completed without undue delay.

[17] Shri Kh.Tarunkumar, learned Amicus curiae is directed to make another inspection to all the departments concerned of the RIMS hospital and file a final report through the Registrar (Judl.) within eight weeks from today. He shall be paid a remuneration of Rs.10,000/- for the final report.

[18] A copy of this order be furnished to Mr. Kh.Tarunkumar, learned amicus curiae, Mr. M.Devananda, learned counsel for the RIMS, Mr. P.Tamphamani, learned Advocate to learned Advocate General as well as Mr.S.Suresh, learned CGC.

[19] Recording the above, the PIL stands disposed of.