सव भव तु सिखनः ु Annual Report 2022-23 High Court upheld the Commission's recommenda on at the admission stage of the pe on only. In an order dated 04 February 2022, the High Court directed the Government of Odisha to release the recommended compensaon amount to the complainant. Pursuant to the Commission's direc ves, the Addi onal Secretary of Health and Family Welfare Department, through a communica on dated 03 November 2022, confirmed the disbursement of the compensa on amount of Rs. 2, 00, 000/- to the NoK of the deceased. Accordingly, the ma er was closed on 20 December 2022. 3.) Death Caused by Greed and Negligence of Government Doctor at Pitambar Hospital, Dafi, Varanasi, U ar Pradesh (Case No. 28273/24/72/2019) The Commission received an in ma on dated 28 September 2019 about the death of the complainant's son who was admi ed to the District Hospital, Mirzapur, for an appendix opera on on 12 September 2019. However, based on the advice of a doctor from District Hospital, his son was discharged and subsequently taken to Pitambari Nursing Home, a private hospital run by the same government doctor. Tragically, on 15 September 2019, his son underwent the opera on but did not survive. The complainant contended that his son's kidney had been removed due to negligence and greed, leading to his un mely death. The Commission took cognizance of the ma er and requested the relevant authori es to provide the necessary reports. An inquiry commi ee was subsequently formed, and their inves ga on revealed several cri cal findings. Firstly, it was determined that the government doctors responsible for the treatment had violated the U ar Pradesh Government Servant (Disciplinary and Appeal) Rules, 1999. Addi onally, it came to light that the erring doctor had exerted pressure on pa ents to receive treatment at his private hospital. Furthermore, it was uncovered that the complainant's son had indeed received treatment at the private hospital operated by the erring government doctor. Tragically, the son passed away during the course of this treatment. As a result of these findings, the State government was held vicariously liable for the ac ons of the erring government doctor. 42 In response, a show-cause no ce was issued under Sec on 18 of the PHRA, to the Government of U ar Pradesh through its Chief Secretary as to why the Commission should not recommend compensa on of Rs. 1, 00, 000/- (One Lakh only) to the complainant, who was the father of the vic m. The Chief Secretary of the Government of U ar Pradesh was instructed to provide an updated departmental inquiry report regarding ac ons taken against the erring doctor. However, in a report dated 17 October 2021, the Addi onal Deputy Commissioner of Police, Circle Nodal Officer, Commissionerate Varanasi, stated that the complainant had not ini ally lodged a complaint against the doctor. Consequently, no local police inves ga on was conducted. The ma er was reported as pending before the Director (Admin) Medical & Health Services, Lucknow, UP, making further police ac on unnecessary. The Commission duly considered this report. Since no report had been submi ed by the Chief Secretary of the Government of U ar Pradesh, signifying a lack of response or ac on on their part, the Commission reaffirmed its recommenda on for the payment of Rs. 1,00,000/- (One Lakh only) as compensa on to the complainant. In compliance with the Commission's direc ves, it was conveyed by the Special Secretary, Health, Government of U.P. that the NoK of the deceased had received Rs. 1,00,000/- as monetary compensa on. Disciplinary ac on against the delinquent public servant was ini ated, and the Inquiry Commi ee, headed by the Director (Admin), Medical and Health Services, Lucknow, U.P., found the allega ons against the doctor to be true under Rule 7 of the U ar Pradesh Government Servant (Disciplinary and Appeal) Rules, 1999. The commi ee subsequently forwarded its recommenda ons to the UP/ PSC, Prayagraj, for approval, which were pending. With no further grounds for interven on iden fied, the Commission officially closed the case on 11 January 2023. 4.) Mental Health Concerns in Noida Siblings' Case (Case No: 26068/24/30/2022) The Commission received a complaint on 25 August 2022, from a resident of Sector-23, Noida, Gautam Budh Nagar (UP), raising concerns about the plight of a brother and sister who had been declared mentally unstable and violent by doctors and the Chief Medical Officer (CMO) in Chapter 7 - Thematic Areas