NHRC, India 5. ii. The Commission took cognizance ofthe matter on 23.04.2018 and a report dated 18.07.2018 was received from the District, Health and Family Welfare Officer, which revealed that there wasnegligence in discharge of duties by the Doctors and staff. It was also stated that after a preliminary inquiry by the District Health and Family Welfare Officer, the Chief Vigilance Officer, Health and Family Welfare Directorate, opined that the said Doctor and two other nurses were found guilty of negligence. They were charge-sheeted, and their case had been recommended to the Health and Family Welfare Department, Karnataka, for Joint Departmental Enquiry at the Government level. iii. The Commission on 11.02.2021 observed and directed that a mere departmental investigation was insufficient and that the State must accept vicarious liability for compensating the complainant. As a result, the Chief Secretary of the Government of Karnataka, was issued a show cause notice to explain why compensation of Rs. 1,00,000/- should not be recommended to the victim of medical negligence. iv. Since no response was received to the Show Cause Notice, the Commission presumed that the State authority had nothing to urge in the matter and the recommended payment of monetary relief was confirmed. The Chief Secretary was directed to ensure compliance of the recommendation, and the case was closed on 04.06.2021. Victim died during treatment due to the negligence of the staff in Dr. Shyama Prasad Mukherjee Civil Hospital, Lucknow, Uttar Pradesh (Case No. 4075/24/48/2016) i. The Commission received a complaint on 09.01.2016, alleging that the complainant's sister died on 22.10.2015 while receiving treatment at Dr. Shyama Prasad Mukherjee Civil Hospital, Lucknow, due to gross negligence on the part of hospital staff. ii. The Commission took cognizance ofthe matter on 24.02.2016, and on subsequent follow-up, a report dated 10.1.2019 was received from the Director General, Health Services, stating that the patients, who came to emergency ward, were being treated by BAMS doctors, who were not competent to assess the seriousness of the illness, and the same happened with the patient in the instant matter. It was also revealed that the staff nurses were on duty on the day of the incident, but there was a delay in arranging the ambulance, thus, indicating negligence of the hospital staff. The Director of Dr. Shyama Prasad Mukherjee Civil Hospital, Lucknow, submitted a report stating that action was taken against the concerned doctor and staff for dereliction of duty, and that punishment of censure was recorded in their service books and their pay had been reduced by one increment. iii. The Commission on 18.03.2019 found gross negligence on the part of the concerned public servants, resulting in violation of human rights of the victim. The State Government was held vicariously liable for the death of the victim and issued show cause notice to the State through its Chief Secretary as to why monetary compensation of Rs.5,00,000/- should not be recommended to be paid to the next of kin of the deceased. ANNUAL REPORT 74 2021-22