IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 12895 of 2008 1 Sahyog Samaj Kalyan Sansthan, New Bengali Tola Devi Asthan Chirayatand, Patna represent through its Chairman/president, namely Hemant Kumar 2 Hemand Kumar, son of Shri Kailash Garain, resident of village - Muzafra, P S - Islampur, Dist - Nalanda at present residing at New Bengali Tola, Devi Asthan Chirayantank, Patna and Chairman/president of Sahyog Samaj Kalyan Sansthan, New Bengali Tola, Devi Asthan Chirayantand, Patna - Petitioners Versus 1 The State of Bihar represented through Secretary, Health Department, Government of Bihar, New Secretariat, Patna (Bihar) 2 State Health Society represented through Special Secretary -cum- Executive Director, Sheikhpura, Patna 3 District Magistrate -cum- President, District Health Society, Begusarai 4 Civil Surgeon -cum- Chief Medical Officer -cum- Member Secretary, District Health Society, Begusarai 5 District Account Manager, District Health Society, Begusarai 6 Deputy Superintendent, Sadar Hospital, Begusarai 7 Incharge, Medical Officer, Primary Health Centre, Bhagwanpur, P S - Bhagwanpur, Dist - Begusarai 8 Incharge, Medical Officer, Primary Health Centre, Bachhwara, P S - Bachhwara, Dist - Begusarai 9 Incharge, Medical Officer, Primary Health Centre, Bakhari, P S - Bakhari, Dist - Begusarai 10 Incharge, Medical Officer, Primary Health Centre, Teghra, P S - Teghra, Dist - Begusarai 11 Incharge, Medical Officer, Primary Health Centre, Khodawantpur, P S - Khodawantpur, Dist - Begusarai 12 Incharge, Medical Officer, Primary Health Centre, Sahebpur Kamal, P S - Sahebpur Kamal, Dist - Begusarai 13 Incharge, Medical Officer, Balia, P S - Balia, Division - Begusarai 14 Superintendent -cum- Secretary, Rogi Kalyan Samiti, Begusarai - Respondents ----------- 5 02.04.2009 The State Government, with the object of providing better facilities to the patients as a part of State obligation to provide health care which was neglected in the past, decided to outsource various services to individual private organization. For the purpose of outsourcing, Bihar Health Society was incorporated by the State which laid down policies for outsourcing of various facilities. Then subsidiary to the Bihar Health Society, the District Health Societies were formed 2 under the Chairmanship of the District Magistrate -cum- Collector and the Chief Medical Officer -cum- Civil Surgeon of the District was the ex-officio Secretary. From time to time, tenders are issued by the District Health Society for outsourcing various facilities like patient care services, maintenance of hygiene in hospital and Primary Health Centre, providing x-ray and pathological investigation facilities, ambulance services and supply of electricity through generators of contractors. As per agreements entered into with such service providers, they are to submit monthly bills for payment. Normally, it is expected that the service providers would be paid their bills promptly so that they can continue to give prompt uninterrupted efficient service which was the whole idea of this Government scheme. Unfortunately, the priority and the consideration of Government Officers, connected with the scheme, appear to be entirely otherwise as exemplified by this case. They are not bothered about services being rendered to the patients or at the Primary Health Centre or Sadar Hospitals. Their interest in the matter gets attracted primary at two stages only (1) at the stage of selection of service provider and (2) when payments are to be made. In between, they are totally unconcerned whether services are being properly provided or not, whether funds are being received and service providers paid or not, even though obligation to pay is on month to month basis. The reason for this is not for this Court to explore or comment on. The present case shows how effectively the Civil Surgeon, Begusarai has seen to it that the whole system collapses. Petitioner was given service contract for providing electricity at Primary Health Centre and Sadar 3 Hospital in the district of Begusarai as also to the x-ray plant of the Sadar Hospital. For over two years, his bills are still being “scrutinized” for payment. Verifications remain to be done. Petitioner has nothing to do with this but the Civil Surgeon or his staff have no “adequate incentive” to do that timely. For payments that were due in the year 2007, allotments of fund are yet to be made. What the Civil Surgeon, Begusarai has done to get the allotments promptly is not known. Still without payment, the Civil surgeon insists that excellent service must be given by service provider, a contradiction in terms. From various paragraphs of the counter affidavit, all that can be seen is that once the matter was brought to this Court, instead of appearing and assisting the Court, activities started in the background. Court had to issue notice to the Civil Surgeon but notwithstanding that, he failed to respond. Officials from the office of Civil Surgeon, Begusarai made enquiries from the State Counsel about the case but everyone chose to remain in the background without instructing the State Counsel. Part payments at every point were made keeping the balance in the hand on one pretence or the other, on one pretext or the other. Unashamedly, it is submitted that verification of the log books of 2007 are yet to be made. This is how the Civil Surgeon ensures a total collapse of the system only to discredit the Government, and for whose gain, one wonders. In the counter affidavit, it is stated that various cheques have been issued for payment to the petitioners. Learned counsel for the petitioners submitted that in fact the Civil Surgeon was in telephonic communication with the petitioners. Petitioner went to receive 4 payments but was virtually hounded away. He had to escape to save his life. All this because petitioners chose to move this Court. The Civil Surgeon, who is personally present in the Court to answer rule of contempt for obstructing Court proceedings, strongly and vehemently denies these allegations. This Court would not like to waste further time in the matter. From the counter affidavit, it is apparent that cheques of poultry amounts have been issued for payment of petitioner’s long outstanding bills. I direct the Civil Surgeon, Begusarai, who is the Secretary of the District Health Society as well, to ensure that those cheques are duly delivered to the petitioners and deposited in petitioners’ account and encashed in petitioners’ account within 15 days from today. It will be the sole responsibility of the Civil Surgeon to ensure that. Any failure on this count would amount to a contempt being committed by the Civil Surgeon. So far as the pending bills are concerned, within 15 days from today, he will complete all enquiries and settle all dues in accordance with law. He will thereafter, within 15 days, ensure payment thereof to the petitioners where payment is due. So far as future payments are concerned, in view of the dismal performance, as noted above, of the State authorities in settling the dues, I direct that so long as bills of service provider remain pending for “verification” and allotment of fund, the Civil surgeon or for that matter, the Society will not insist on the service provider to provide the services. 5 With these observations and directions, this writ application stands disposed of. The personal appearance of Civil Surgeon, Begusarai is dispensed with and rule of contempt discharged. M.E.H./ (Navaniti Prasad Singh)