Duty Officer of City Police Control Room. Venugopalan Nair was a Head Constable Driver attached to the Armed Reserve Camp, Thiruvananthapuram City. On 20 March 1999 he felt a severe chest pain. He contacted the Duty Officer of City Police Control Room and requested him to arrange conveyance to take him to the hospital. The Duty Officer Shri Mohammed Sali, however, did not arrange for a vehicle, as a result of which Venugopalan Nair could not be taken to hospital on time and thus died on the way to the hospital. 6.175 The Commission was informed that the enquiry against the Duty Officer had been dropped because he had retired from service before the conversion of the non-oral enquiry into a formal enquiry. 6.176 While considering the matter, the Commission observed that “even though the Government of Kerala may not be able to proceed with the disciplinary action against the delinquent Duty Officer, but it continues to be vicariously liable for his negligence which caused Nair's death”. The Commission, therefore, found it a fit case for issue of notice u/s 18 (c) of the PHRA. The Commission observed "…It is evident that precious time was lost on account of the negligence of the Duty Officer and the life of the complainant's husband could not be saved. Venugopalan Nair was in active service and in his death, the complainant Smt. Radhamma has lost the bread-earner of the family. It is the obligation of the State to compensate her for the loss and provide relief to her.” The Commission recommended that the Government of Kerala pay Rs. 50,000 as monetary relief to Smt. Radhamma. The Commission further considered the matter on 16 January 2008, when it noted that a Writ Petition has been filed in the High Court of Kerala, Ernakulam against the petitioner Smt. Radhamma and the NHRC. The High Court has granted interim stay to the Government of Kerala for three months. The matter is sub judice. 41. Suffering Faced by Sunita due to Negligence by CGHS Dispensary, Pushp Vihar, Delhi (Case No. 102/30/2005-2006) 6.177 The Commission received a complaint dated 14 March 2005 from Smt. Susheela Mathai stating that her daughter Sunita was undergoing treatment for cerebral seizure at Ram Manohar Lohia (RML) Hospital, New Delhi. The Doctor prescribed a medicine "Tab. THAI (75 mg)". However, the CGHS dispensary at Pushpa Vihar procured and issued a wrong medicine namely "THIORIL-50". As a result of taking the wrong medicine, the condition of the complainant's daughter deteriorated and she had fits of severe depression and violent behaviour. 6.178 The Director, CGHS submitted that the omission and commission on the part of the concerned employee was inadvertent and unintentional. He tendered an apology and requested the Commission to drop the case. 6.179 While considering the matter the Commission observed: “The responsibility of a professional as to care with which medicines/drugs are to be dispensed is of a very high degree National Human Rights Commission 65

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