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Monday, August 10, 2015

Government appoints Committee to test correctness of Pune divisional commissioner’s inquiry report in five year old girls death

On Bombay High courts direction government of Maharashtra has appointed one man committee to inquire intocorrectness of the report filed by Pune divisional commissioner S Choklingam in5 year old girl’s death due to fatal administrative negligence. Soufiya was   a   victim   of   a   serious   disease   known   as “Hydrocephalus with CP”. Due to such serious disease of brain, her both hands as well as legs were affected.

Photo courtsey Moneylife.in
On 5th February HC had directed Solapur Zilha Parishad to pay 5 lakh rupees as compensation to soufiyas parents and also ordered Pune Divisional commissioner to to hold an inquiry into the aspect of delay and fix  the responsibilities for the fatal delay. HC had also asked divisional commission to direct initiation of a departmental inquiry against all those who were responsible for this fatal delay.

However divisional commissioner in his inquiry report had come to the conclusion that neither the Civil Surgeon nor the Chief Executive Officer, Zilla Parishad was responsible for the delay. After perusing  said report HC foundthat  the correctness of the report needs to be tested and directed the Principal Secretary of the Health Department of the State Government to  nominate appropriate higher officer to look into the entire record of the inquiry and to record his own conclusions in the matter after considering the report of the Divisional Commissioner.
 
S Choklingam
Under The Central Governments “Sarva Shiksha Abhiyan”Zilla  Parishads   identify   the  disabled  and   poor students and provide them medical treatment in recognized hospitals. In soufiyas’ case,  health   camps   were   organized   for   the   purposes   of examining the children who were suffering from various disabilities in Solapur district.  Civil Surgeon of District Solapur submitted a report on 6 th July 2013 to the Chief Executive Officer of Solapur Zilla Parishad. The said report was based on the report submitted by Shri Annasaheb Shinde Mhaisalkar Charitable Trust, Sangli.   The said Trust examined disabled students needing surgery.  The said Trust submitted a detailed report   as   regards   29   students. 

Then Civil Surgeon recommended the said proposal for sanction.  However no   order   was   immediately   issued   by   the   Chief   Executive Officer of Zilla Parishad.    The said order was belatedly issued on 3rd September   2013.     Unfortunately,   the   said   girl   Sofiya   died   on   1st September 2013.

It was recorded that the girl was examined in the camp held on 8th  July 2013 with a view to ensure that she gets treatment by Specialists at the earliest.   The civil surgeon’s letter in this case specifically noted that if the Chief Executive Officer had issued orders earlier, the girl Soufiya could have been saved. As the entire expenditure on the surgery and treatment of the sofiya was approved by the Civil Surgeon, only on account of fatal delay in issuing consequential order that the girl died without receiving the required medical treatment.

The HC also observed from the communication dated 3rd August 2013 addressed by the Civil Surgeon, Solapur, to the Chief   Executive   Officer   of   Solapur   records   that   not   only   that   the elementary   facilities   were   lacking   in   the   “Vaijanta   Shamrao   Sawant Charitable Trust's Aditya Hospital” at Vishram Baug, Sangli, but even a Full Time Orthopedic Surgeon was not available in the said hospital.  It Was recorded that the said hospital did not not have Pediatric Orthopedic Instruments   and   there   were   no   facilities   of   Physiotherapy   and   Post Operative Rehabilitation in the said hospital.     In fact, the said letter recorded that the said Hospital was not capable of treating the children needing orthopedic treatment. 

The HC aslo    directed   the   Divisional   Commissioner,   Pune Division, Pune, to hold an inquiry into the fact that notwithstanding the communication dated 3rd  August 2013 issued by the Civil Surgeon, Solapur, the cases recommended   by   the   Civil   Surgeon,   Solapur,   were referred to Vaijanta Shamrao Sawant Charitable Trust's Aditya Hospital at Vishram Baug, Sangli;

HC also asked The Divisional Commissioner to  look into the alleged action of approving payment of amount to the said   Vaijanta   Shamrao   Sawant   Charitable   Trust's Aditya Hospital at Vishram Baug, Sangli, in relation to the   alleged   surgery   performed   on   the   disabled students.

The divisional commissioner hold inquiry but found and that neither the Civil Surgeon nor the Chief Executive Officer, Zilla Parishad was responsible for the delay. After perusing  said report HC observed that  the correctness of the report needs to be tested and directed the Principal Secretary of the Health Department of the State Government to  nominate appropriate higher officer to look into the entire record of the inquiry and to record his own conclusions in the matter after considering the report of the Divisional Commissioner.


This is how administration in Maharashtra works, even after high court observed that soufiyas life could have been saved if she had received right treatment at right place. The divisional commissioner didn’t find any body guilty of criminal negligence. It seems that not only politicians but babus in Maharashtra do not give any heed to poor children rights. Recent chikki scam and soufiya death case are classic examples of it.

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