Annual Report 2008-2009 4.121 Ramrati Bai, an Adivasi woman was a patient of tuberculosis and was admitted to the District Hospital at Betul in Madhya Pradesh. On 11 April 2001 at about 8.40 a.m. her condition started deteriorating. The doctor on duty was summoned to the ward but he refused to attend to the ailing patient. The Adivasi woman thus died on the same day around noon. On consideration of various reports, the Commission found that Ramrati Bai had died for want of proper medical care. It held that if a doctor on duty in a Government Hospital refuses to attend to a needy patient or is otherwise negligent, it is a sheer case of violation of his/her human rights. The failure of the hospital staff to provide adequate medical care renders the State liable to make monetary amends. With these observations the Commission recommended to the State Government to pay a sum of Rs. 1, 00,000 as monetary relief to the next of kin of Ramrati Bai. 4.122 The case was closed by the NHRC on receipt of the compliance report from the State Government. 28 Death of Sushmita Biswas due to Negligence of Hospital Staff in Kolkata, West Bengal (Case No. 556/25/2003-2004) 4.123 A complainant on the basis of a newspaper report drew the attention of the NHRC towards the alleged death of one Sushmita Biswas due to negligence of the hospital staff. 4.124 On 24 November 2003, the Commission directed that the complaint be transferred to the Health Secretary, Government of West Bengal, Kolkata with a request to examine the same and forward their action taken report to it within four weeks. 4.125 In response to the Commission’s directions and reminders, the Special Secretary, Department of Health & Family Welfare, Government of West Bengal vide letter dated 14 December 2007 submitted that in the departmental enquiry some of the medical officers mentioned in the report were found to be guilty for dereliction of their duty. The matter had been referred to West Bengal Public Service Commission by them for advice regarding the imposition of punishment to the errant Medical Officers. The Commission on 25 January 2008 asked the Secretary, Health and Family Welfare, Government of West Bengal to apprise it about the final outcome of the departmental proceedings initiated against the delinquent officers. The Commission also directed to issue show-cause notice to the Chief Secretary, Government of West Bengal u/s Section 18(a) (i) of the PHRA. 4.126 In response, the Additional Chief Secretary, Department of Health & Family Welfare, Government of West Bengal vide letter dated 25 April 2008 submitted that the two doctors - Dr. Debasis Roy and Dr. Tushar Kanti Ghosh had been charge sheeted. The penalty of “censure” and “withholding of one increment without cumulative effect” had subsequently been imposed on them. The Additional Chief Secretary in his letter further disclosed that one Dr. D.D. Chattopadhyay was also found guilty. His annual increment too had been withheld for a year. And that the matter of award of punishment was still pending with West Bengal Public Service Commission for advice. 48