Annual Report 2009-2010
consequences. On 4 October 2004, when the complainant visited his brother in the hospital,
he complained that three employees of the hospital -- Mahesh Mota, Pothi Ram and Devki
Nandan used to beat him at the instance of Dr. Saxena. The complainant talked to all the three
employees and they told him to clear the account of Dr. Saxena as well as asked for a bribe
of Rs.1, 000/-. On 6 October 2004, Rajender Kumar died in the hospital. Injury marks were
noticed by the complainant on the forehead, eyes and near the ears of the deceased body. The
complainant’s suspicion was that his brother had been killed by Dr. Saxena and the aforementioned three employees of Bareilly Mental Hospital.
4.254 Pursuant to the directions of the Commission, the Additional District Magistrate of
Bareilly city submi�ed an enquiry report. On the basis of the evidence recorded, the enquiry
officer concluded the deceased was severely beaten-up by the hospital a�endant Bala Sahai
along with other mental patients Shalender Mehra and Bahadur Singh. As a result, the
deceased’s small intestine was ruptured. He also held the Medical Officer and the staff of the
Mental Hospital responsible for negligence in preventing the incident. However, allegations
against Dr. Saxena were not substantiated during the course of the enquiry.
4.255 Later, it was informed that a departmental enquiry had been initiated against Dr. Saxena
for negligence as the Medical Officer of Bareilly Mental Hospital.
4.256 On consideration of the facts and circumstances of the case, the Commission vide its
proceedings dated 13 April 2009 directed to issue notice under Section 18 (a) (i) of the PHRA to
the Government of U�ar Pradesh. The Chief Secretary of the State was directed to inform the
Commission of the action taken against the hospital a�endant Bala Sahai and mental patients
Shalender Mehra and Bahadur Singh in terms of the inquiry report.
4.257 The Commission did not receive any response to the show-cause notice issued by it to
the Chief Secretary, Government of U�ar Pradesh, despite reminders. A communication dated
30 September 2009 was later on received from the State Government informing that Dr. Saxena
had been punished with ‘censure’ and stoppage of two increments. The report was silent about
any action taken against the Hospital A�endant and others.
4.258 Since the Government of U�ar Pradesh failed to submit any response to the show-cause
notice, the Commission presumed the State Government had nothing to say in the ma�er. The
Commission on 3 November 2009 recommended to the Government of U�ar Pradesh, through
its Chief Secretary, to pay a compensation of Rs.2,00,000/- to the next of kin of the deceased.
The Chief Secretary of the State was directed to submit a compliance report along with proof
of payment within six weeks, and inform the Commission of any action taken against the
Hospital A�endant Bala Sahai and others.
4.259 The case is under consideration of the Commission as the compliance report along with
proof of payment is awaited.
41. Prevalence of Unhygienic Conditions in Sanjay Gandhi Memorial Hospital and Lok Nayak Jai
Prakash Narayan Hospital, Delhi (Case No.2539/30/2004-2005-FC)
4.260 The Commission took suo motu cognizance of newspaper reports published in “The
Asian Age” and “The Hindustan Times” dated 20 September 2004 titled ‘Unhygienic Hospital’/
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NHRC