The Chief Secretary, Government Of Uttarakhand, Dehradun vs Ramesh Negi

Sudhanshu Dhulia, J

This is a writ petition filed against an order dated 29.06.2018 passed by the National Human Rights Commission, as communicated to the petitioner vide letter dated 02.07.2018.

Briefly stated, the facts of the case are that one Mohan Singh Negi, aged about 50 year, who was admitted to Dr. Sushila Tiwari Medical Hospital at Haldwani on 14.09.2013, disappeared after his admission in the hospital the very next day i.e. 15.09.2013. All available records pointed to the fact that he disappeared after he was admitted to the hospital. Not only this, on inquiry it has been found that as many as 27 other patients were also missing from this hospital under similar circumstances in the last three years. On a complaint made by the respondent/cousin of Mohan Singh Negi, cognizance was taken by the National Human Rights Commission and after issuing notices to the Chief Secretary and the Medical College and after hearing their reply, an order was passed by the National Human Rights Commission on 29.06.2018 as communicated to the Chief Secretary vide letter dated 02.07.2018, wherein it has been observed that the hospital authorities have failed to give correct number of missing persons in the RTI application of the complaint and that they were negligent in their duties to protect and take care of the patients who were under their treatment.

In any case, missing of 27 persons in a Government hospital premises is an extremely alarming situation. The National Human Rights Commission has taken cognizance and passed the following orders on 29.06.2018 :-

"The Commission, therefore, reiterates that the human rights of Mohan Singh Negi as well as his family members has been violated by the hospital authorities, hence the Commission recommends u/s 18(a)(i) of the Protection of Human Rights Act, 1993, a sum of Rs. 1,00,000/- (Rupees One lakh only) to be paid to the family members of the victim for violation of human rights of the victim and his family members.

Chief Secretary, Govt. of Uttarakhand, is asked to submit the compliance report along with proof of payment within six weeks.

Further, the Chief Secretary, Govt. of Uttarakhand had been asked to submit the status of the cases of 27 missing persons from the hospital during the period 2010-13 but no reply so far has been received. Therefore, the Commission directs its Registry to send a reminder to the Chief Secretary, Govt. of Uttarakhand calling upon him to submit the requisite report within 5 weeks, failing which the Commission shall be constrained to invoke its power u/s 13 of the Protection of Human Rights Act, 1993."

A Coordinate Bench of this Court vide order dated 19.03.2019 had stayed the operation and effect of the order dated 29.06.2018.

Now before this Court, an application has been moved by the learned State Counsel for impleading National Human Rights Commission as a necessary party, which was never made a party in this case.

I am of the considered view that it is definitely a matter of which cognizance ought to have been taken by the National Human Rights Commission, which has been done. No interference is liable to be made by this Court.

Consequently, writ petition is dismissed. Interim order dated 19.03.2019 is hereby vacated. Let the petitioner appear before the Commission and give its reply in compliance of the order dated 29.06.2018 of the NHRC.