Madras HC orders State Govt to form “Flying Squads” for surprise inspection of Govt hospitals, PHCs
Court ordered that the flying squads will be monitored by the Head of the Department / Government so as to maintain their efficiency.
The Madras High Court recently directed the State Government to constitute “Flying Squads” at Regional/ District level for conducting frequent surprise inspections in government hospitals, primary health centres etc., across the State of Tamil Nadu.
The bench of Justice SM Subramaniam asked the Secretary, Department of Health and Family Welfare to take the step to ensure that the doctors, nurses, and paramedical staff attend to their duties as per the rules in force and are present during working hours in the medical institutions.
The Flying Squads will also monitor the functioning of the hospitals in all respects including the quality of treatments and medicines supplied to the patients etc.
The order has been passed in a writ petition moved by a retired Medical Store Officer against whom departmental disciplinary action was initiated for ordering excessive Speciality Drugs which caused huge financial losses to the State Exchequer.
The petitioner urged the court to quash the order of the Dean of the Coimbatore Medical College Hospital who had directed for recovery of the financial loss amounting to Rs. .56,45,497.87 that occurred to the State Exchequer from the petitioner.
Apart from that, the petitioner had prayed before the court to issue a direction to the Dean to release the retirement benefits such as Gratuity, Special Provident Fund and Earn Leave Salary to the petitioner with interest.
Court noted that an enquiry was initiated against the petitioner for the purchase of the large quantity of excess Speciality Medicines, however, owing to an interim order in the present writ petition, the petitioner refused to co-operate. Thereafter, the Dean issued the order for recovery.
Court held that the allegations against the petitioner were serious in nature and opined that the enquiry commenced against the ex-Officer must be concluded in all respects.
"The financial loss caused to the State Exchequer must be recovered from all concerned and the public cannot be made to suffer on account of irregularities or illegalities committed by the public servants," Court said.
Stating that "the right to health and medical care is a fundamental right under Article 21 read with Articles 39(e), 41 and 43 of the Constitution of India", the court quashed the recovery order issued by the Dean and directed for a detailed enquiry against all officials involved in the matter, including the petitioner.
In addition to that, court directed the State to constitute required number of “Flying Squads” and ordered that the activities of the squads will be monitored by the Head of the Department / Government as the case may be.
Case Title: S.Muthumalai Rani v. the Secretary