NATIONAL HUMAN RIGHTS COMMISSION (iv) Intercom facilities provided throughout the wards and various departments of the hospital. (v) Procedure of fixing CC TV Cameras in all wards is in progress and these cameras will be fixed in short time. 4.129 On perusal of the report, the Commission also observed that death of two patients in the Mental Hospital, when as many as three attendants were on duty, all of whom failed to prevent the incident prima-facie shows that the hospital staff was grossly negligent. For this negligence, which led to violation of human rights of the deceased, the State of Maharashtra is vicariously responsible and the Commission issued a notice to the Chief Secretary, Government of Maharashtra under Section 18 (a)(i) of PHRA, 1993 to show cause as to why a compensation of ` 1,00,000/- (Rupees One Lakh only) each be not paid to the next-of-kin of both the victims within eight weeks. 4.130 Pursuant to the directions of the Commission, the Joint Secretary to the Government of Maharashtra, Public Health Department, Mumbai submitted a report, dated 18.11.2016, in which it was stated that the three attendants who were on duty on the fateful night have been put under suspension and departmental enquiry has been initiated against them, as well as against the Medical Superintendent of the Mental Hospital. He further stated that the departmental enquiry was pending at the Government level, and also the Police Department was investigating the matter. Therefore, it would be appropriate, if, the issue of compensation in this matter is decided after findings of the enquiry were received. 4.131 The Commission perused the record on 25.01.2017 and observed that death of the two inmate/patients of the Regional Mental Health Hospital, Yerwada, Pune, has taken place in a ward due to attack of another inmate, and the three attendants and one daily wager deputed, outside the ward did not prevent the violent patient from indulging in violence nor they called any outside help of police, etc. Prima facie, the hospital authorities were negligent in protecting the lives of the two inmates of the hospital. The inmates in the Regional Mental Hospital were to be protected by the public servants under whose custody they had been entrusted. But, the public servants failed to protect the life of the inmate of the hospital. Therefore, State Government is vicariously liable for the death of the two inmates. The Commission, therefore, reiterated the stand taken vide its proceeding dated 03.03.2016 and recommended payment of an interim compensation of ` 1,00,000/- (Rupees One Lakh only) to the next-of-kin of each of the two deceased inmates of the hospital u/s 18(a)(i) of PHRA, 1993. The compliance report called for is awaited. 24. Two Persons Shot Dead and Four Others Injured in a Dacoity in Maurya Express, near Hathidah Railway Station, District Patna, Bihar (Case No. 3380/4/26/2014) ANNUAL REPORT 2016-2017 69