Ram Rakh Vyas Vs. State and ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1102353
CourtRajasthan Jodhpur High Court
Decided OnJan-02-2014
AppellantRam Rakh Vyas
RespondentState and ors
Excerpt:
d.b.civil writ petition (pil) no.4537/2013. ram rakh vyas versus state & ors.// 1 // 10 d.b.civil writ petition (pil) no.4537/2013. ram rakh vyas versus state & ors.date of order :: 2nd january 2014. hon'ble mr.justice dinesh maheshwari hon'ble mr.justice p.k.lohra mr.m.c.bhoot ].mr.surendra singh ]., for the petitioner. mr.r.l.jangid, senior advocate & aag with mr.rishabh tayal, assistant to the aag. mr.c.s.kotwani, for the respondents. mr.j.l.purohit, senior advocate with mr.rajeev purohit mr.tan singh charan full-time secretary, district legal services authority, jodhpur metro, jodhpur. ms.garima chouhan, members of commission. the court commissioners.mr.j.l.purohit, senior advocate with ms.garima chouhan and mr.tan singh charan, full-time secretary, district legal services authority, jodhpur metro, jodhpur have submitted a report drawn on the basis of their visit of mathura das mathur hospital on 28.12.2013, as per the request made by the superintendent of hospital concerned. put in a nutshell, it is gathered from the submissions made by the commissioners that substantial work towards maintenance of the hospital has been executed and there is a marked improvement all around in the set-up and functioning of the hospital. it is also pointed out by the learned counsel mr.c.s.kotwani appearing on behalf of the municipal corporation, d.b.civil writ petition (pil) no.4537/2013. ram rakh vyas versus state & ors.// 2 // jodhpur that necessary orders have been issued and staff deployed for the purpose of cleaning of the sewerage, at least three times a week. the learned senior advocate & additional advocate general mr.r.l.jangid submits that the requirement of additional staff for different functions in the hospital has already been sent to the government; and this aspect of the matter is being examined at the level of the government. needless to observe that maintenance of the hospital concerned in a proper and befitting manner is the requirement of prime importance and any impediment in that regard is required to be removed by the authorities concerned. we are of the view that the action plan that has been drawn need to be executed with all seriousness by all the concerned and the level of maintenance that has been noticed by the court commissioners on 28.12.2013 is not only maintained but is taken up with further improvement. needless to observe again that upon any laxity or short- coming being noticed, this court would be constrained to pass appropriate orders.which might include imposing of fine and recovery of such fine personally from the authority/authorities concerned. as at present, we defer consideration of this matter beyond one month with the expectation that the remaining tasks would be attended at by the concerned authorities on priority basis; and, of course, the level of maintenance that has now reached with some concentrated efforts shall be maintained on day-to-day basis. we d.b.civil writ petition (pil) no.4537/2013. ram rakh vyas versus state & ors.// 3 // leave it at the discretion of the court commissioners to make one or more surprise visit/s of the hospital concerned as and when deemed fit, proper and necessary and to report directly to this court. list this matter on 05.02.2014. (p.k.lohra).j. (dinesh maheshwari).j. mohan/
Judgment:

D.B.CIVIL WRIT PETITION (PIL) No.4537/2013.

Ram Rakh Vyas versus State & ORS.// 1 // 10 D.B.CIVIL WRIT PETITION (PIL) No.4537/2013.

Ram Rakh Vyas versus State & Ors.Date of Order :: 2nd January 2014.

HON'BLE Mr.JUSTICE DINESH MAHESHWARI HON'BLE Mr.JUSTICE P.K.LOHRA Mr.M.C.Bhoot ].Mr.Surendra Singh ]., for the petitioner.

Mr.R.L.Jangid, Senior Advocate & AAG with Mr.Rishabh Tayal, Assistant to the AAG.

Mr.C.S.Kotwani, for the respondents.

Mr.J.L.Purohit, Senior Advocate with Mr.Rajeev Purohit Mr.Tan Singh Charan Full-Time Secretary, District Legal Services Authority, Jodhpur Metro, Jodhpur.

Ms.Garima Chouhan, Members of Commission.

<<>> The Court CommissioneRs.Mr.J.L.Purohit, Senior Advocate with Ms.Garima Chouhan and Mr.Tan Singh Charan, Full-Time Secretary, District Legal Services Authority, Jodhpur Metro, Jodhpur have submitted a report drawn on the basis of their visit of Mathura Das Mathur Hospital on 28.12.2013, as per the request made by the Superintendent of hospital concerned.

Put in a nutshell, it is gathered from the submissions made by the Commissioners that substantial work towards maintenance of the hospital has been executed and there is a marked improvement all around in the set-up and functioning of the hospital.

It is also pointed out by the learned counsel Mr.C.S.Kotwani appearing on behalf of the Municipal Corporation, D.B.CIVIL WRIT PETITION (PIL) No.4537/2013.

Ram Rakh Vyas versus State & ORS.// 2 // Jodhpur that necessary orders have been issued and staff deployed for the purpose of cleaning of the sewerage, at least three times a week.

The learned Senior Advocate & Additional Advocate General Mr.R.L.Jangid submits that the requirement of additional staff for different functions in the hospital has already been sent to the Government; and this aspect of the matter is being examined at the level of the Government.

Needless to observe that maintenance of the hospital concerned in a proper and befitting manner is the requirement of prime importance and any impediment in that regard is required to be removed by the authorities concerned.

We are of the view that the action plan that has been drawn need to be executed with all seriousness by all the concerned and the level of maintenance that has been noticed by the Court Commissioners on 28.12.2013 is not only maintained but is taken up with further improvement.

Needless to observe again that upon any laxity or short- coming being noticed, this Court would be constrained to pass appropriate ordeRs.which might include imposing of fine and recovery of such fine personally from the authority/authorities concerned.

As at present, we defer consideration of this matter beyond one month with the expectation that the remaining tasks would be attended at by the concerned authorities on priority basis; and, of course, the level of maintenance that has now reached with some concentrated efforts shall be maintained on day-to-day basis.

We D.B.CIVIL WRIT PETITION (PIL) No.4537/2013.

Ram Rakh Vyas versus State & ORS.// 3 // leave it at the discretion of the Court Commissioners to make one or more surprise visit/s of the hospital concerned as and when deemed fit, proper and necessary and to report directly to this Court.

List this matter on 05.02.2014.

(P.K.LOHRA).J.

(DINESH MAHESHWARI).J.

Mohan/