810 4 a 1 l CWPNo 14393of2009 INTHE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No14393of2009 Dateofdecisione 11 3 2011 Court on its own motion ee Petitioner Vs 1 C State ofPunjaband otherse 0 eeRespondents 45 I CORAM HONBLE MR JUSTICE RANJAN GOGOI CHIEF JUSTICE HONBLE MR JUSTICE AUGUSTINEGEORGE MASIH 40 I Presentl Ms TanuBedi 6Alnicus Curiae Z Mr Khosla Additional AdvocateGeneral r Punjab I Mr SS Brar Advocate for Mr KulmjSingh Z Mr Ashok GuptaAdvocate forDr PlC Singla m m7 Mr APS Deol SeniorAdvocate Z withMr Vishal RattanLamba Advocate for Jail Mr DD Bansal Advocate for Dr Kumar Mr DevinderBir SinghAdvocate for Kaur Singh S R 7 RANJANGOGOI CeJe This suoemotowritpetitionhas been on the basis J Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document t 311 lJ V CWPNo 14393of2009 2 r 2 of a news item published in the issue of the Hindustan Times dated 06092009 The said news item to the death of a convict JaskaranSinghalias Jassawhich occurredon 05092009 in Bathinda J CentralJaiI where the deceased was It that on publication of the news item the leamed 1 AdministrativeJudgeof Bathinda had ordered an inquiryinto the 0 matter to be conductedby the leamed District JudgeThe said inquiry 0 I was on 09092009 and reportthereof fumished to the t5 learned Administrative JudgeOn receiptof the report the learned I AdministrativeJudgemade a referenceto Honble the Chief Justice Z whereafterthis suonoto writ petitionwas Copiesof the report dated09092009 ofthe leamed District Judge were furnishedto I all the persons named in the said report as beingnegligentand Z for the deathin questionPursuantto the said order of the m the standsof the concemedpersons detailsof which Z beingnoticedhave been filed before this Court For a proper and are of the issuesarisingin the writ Petitiona brief referenceto thereportof the leamed District Judgedated 09092009 andthe standstakenbythe parties beforethis Court may be noticedat theoutset Reportdated09092009ofthe learned District Judge Bathinda In the course of the inquirythe learned District Judge Bathindarecordedthestatementsofthe followingpersonsl 6i Vinod Kumar coconvict 1 Ill 4 Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 812 4 CWP No 14393of2009 3 ii SurinderKumar coconvictl 6iio MajorSinghcoconvict9 ivl Dr SK Raj Kumar Medical Offlcer Central Jail Bathinda V DharminderSinghPharmacist CentralJail Bathinda vil Kaur Singh Deputy Central Jail m C Bathinda 0 vii RajKumaconvict admitted on bed No 20 of jail 0 hospital I C5 viii SinghSantry on dutyin thejailhospita I ix9 BalbirSingh Z X Dr ParmodKumar SinglaMedical Officer TB Hospital Bathinda r xi9 Dr Parminder Bansal Medical Officer Civil Hospital I Bathinda Z xi Dr Shilekh Mittal Assistant Professor Of Forensic Medicine GGS Medical CollegeFaridkot OO Kaur sisterofdeceasedl mW0 Z KarnailSingh of XV KulrajSingh The statements of cowconvictsVinod Kumar Surinder Kumarand MajorSinghare rnore or lessto the same effect According to thesewitnesses the deceasedwas unwelland sufferingfrom acute coughfor the last months He was losingweightat a fast to thesewitnesses wheneverthe inmates of the jail pace had to visit the the jail doctor namelyDr SC Raj Kumar used to emandmoney These witnesses had testified befOr th 11J Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 813 u1 CWPNo 4393of2009 4 J 1 Officer thaton 03092009 theyhadtakenthe deceasedto the atabout8A5 AM Thereafler from timeto time when the had come to meet Jaskaran Singhalias Jassa in the jail he had of lack of any medical attention Accordingto these witnesses Kulraj Singh Pharmacist had 1 mentiored to them aboutpaymentof money to the doctor to ensure 0 medical treatment of the deceased These witnesses have also 0 I testifiedthat in thenightof 03092009 the deceasedremainedin the C5 1 jailhospital and in the momingof 04092009 when theyhad goneto I meetJaskaranSinghalias Jassatheywere again told by him that no Z treatmenthadbeengivenThereafter on 04092009 the deceasedwas taken to meet his familymembers who had come to see hime I to thesewitnesses on retum the deceasedhad told them Z thathe had informedhis family membersaboutthe needof money for ao 1 to the doctor The statementsof the coeconvictsabout lack of 7 1 Z is bythe statementof RajKumar6SrNo vii9who Bed No 20 of the jail hospitalon the dayldays 111 was Dr SK RajKumar in his statement before the Enquiry Offlcer hadstated that he had referred the deceased to the Civil on25082009 and againon 02092009 According to thejail the condition of the deceasedwas flne and he was med cine bythe doctor in the Civil Hospital Accordingto the jail deceasedJaskaranSinghalias Jassa was againrefeuedto the nJ 1 Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 814 4 1 1 CWPNo 14393of2009 5 SP Civil Hospitalon 04092009 and takenthere in the aftemoon on the sam day Regarding thelack of medical attentionto the deceased the dayon 03092009 the witness had not been very except to say that he had left the hospitalat about 1230112A5PM 1 From thestatement ofKaur SinghDeputy 0 CetralJail Bathindaas madebefore theEnquiryOfflcer it 0 I thaton 0392009 thefamily membersofthe deceasedhad met him in C5 his offlce and about the Iack of medical attentionto the I deCeased Thereafter according to Kaur Singh Deputy Z thejail doctor as well as the deceasedwere called by rL him to his offlceand on seeingthe condition of the deceasedthejail I L doctor was askedto refer thedeceasedto the Civil Hospitalwhich was Z donefor 04092009 Cll The statements of Kamail Singhand SarabjitKaur W2 Z brother andsisterofthe as madebeforetheEnquiryOfflcer showsthat Kaur had beehvisitingthejailto meet her brother for the last threelfourmonths Accordingto SarabjitKaur the condition of the deceased was On 02092009 Sarabjit Kaur hadgone to the Civil Hospitalafter the deceasedwas referredto thesaid hospitalHe was however broughtback to thejail insteadofbeingadmittedin the Civil HospitalAccordingto Sarabjit In Kauron thenext dayie 03092009 sheagaincame to thejailto meet herbrother At that timethe condition ofthe deceasedJaskaranSingh lJ 1 Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 815 1 CWPNo 14393of2009 6 alia Jassa was senous and he was virtuallyunable to speak to this witness the deceased had mentioned about P t molieyfor payment to thedoctorFurthermorethis witnesshad stated tha she her brother and one Baldev Singhhad met Kaur SinghDeputy who told her that the deceasedwill be sent to thehospital on thefollowingdaye 0 Dr Parmod Kumar SinglaMedical Offlcer TB Hospital 0 I who was examinedbythe EnquiryOfflcer had statedthat the C5 flrst reported to him as an OPD patienton 25082009 He I of coughAccordingto Dr Singlahe was advised was Z test for AFB Examinationand Xay of chest Two samples of sputumwere to be takenflrst on the same dayand the second in the I erlymorningof the next day In the case of the deceasedthe second Z smpleof sputumwas takenon 02092009 1e thedateon which the 10 deceasedhad next According to Dr Singlathe sputumtests Z benegativeHe thereforeadvised tablet vere found to dayand tabletSalbutamolthrice a day Accordingto 500mg tWlce a Xeraysof the chest were taken on 25082009 111 this witness ihisopinionthegeneral conditionof thepatient was OK and therefore ihe was not admitted In his Dr Singlahad further stated that as per the guidelines of the StateTuberculosisControlSocietythe The statement of Dr Parminder Bansal Medical Offlcer Civil Hospital which was also recorded by the Enquiry IJ Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 816 41 CWP Nop14393of2009 7 Offlcershows that the deceasedhad reported before Dr Bansal on whereafter he was admittedThe of the revealed that he was sufferingfrom lung and he was referredto a more advancedcentre ie Medical Coll6geat Faridkot on 05092009 at about 930 AM Accordingto r Dr BansalreshXrayswere donewhich indicatedan advancedstage 0 Furthermoreaccording to Dr Bansal the patient was 0 I not qnregularmedicine CD On the basis of the aforesaid statementsrecorded by the I e Officer the conclusions had been recorded in the Z 2 report of inquiryl CONCLUSION I 2 Hence as a result of the foregoing Z discussionwe come to theconclusionl m i That therewas sheer on the partof Dr SlC RajKumar of CentralJail Bathinda 111 not givingany treatment to Z JaskaranSinghwhen he came to him and when he was lyingon bed No 2 111 Jail Hospital on 03092009and 04092009 Ratherhe was not attendedto at a11It 1S lrther foundthat Dr SlC RajKumar and his Pharmacist KulrajSinghdemanded from the patientfor his treatment andreferring him to Civil Hospitalandthe evidenceis there that SarabjitKaur SlSter ofJaskaran Singhwas compelled to cough outRs 25001on 04092009byan offlcial ofthe jailfor payment to thedoctor ii9 Further it is found that there is on the part of jail administration in exerclslng proper SupervlSlon over theactivities in the jail IlJ Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 817 4 CWP No 14393of2009 8 hospitalMore Kaur Singh Deputy Central Jail Bathinda failed to exercise proper and send the patientto Civil Hospital 111timeeven when the matter was brought to his noticeand the condition of JaskaranSinghwas visible to a nakedeye 6iii9It is further found that Dr Parmod Kumar Singla Medical Officer TB HospitalBathinda CW 10 failed to give propertreatment to Jaskaran Singhalias 0 Jassaand took the matter very casually 0 from 25082009 to 02092009 with the I resultthathis conditiondeteriorated iv It is furtherfound that sometimeunder I trialslconvictsare admitted in the j ail ward for consideration Z theydo not suffer om any disease The admission of Ashok Kumar son of Suraj Bhan an opiumaddict was to be withoutany groundas he ls not from any disease One Amit Kumar son of Pawan Kumar was Z found on bed in the jail hospitalthough therewas no record of his admissionin the r jailhospital Il 7 statementofKaur SinghDeputySuperintendentCentral Z IJai1Bathinda Qm The deceasedwas referredby thejail doctor to the Civil Bathindafor a checkup of his tuberculosison 25082009 He back to thejail on the same dayHe was againrefened to Civil on 02092009 and was broughtback to thejail on ithe day On 03092009 Sarabjit Kaur sisterofthe deceasedand Karnailsinghbrother of the deceased one Baldev Singh had met theDeputy in his offlce lIl connectionwith the health of the deceased Thereafter the deceasedas well V4 Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 818 Ve4 CWPNoe14393of2009 9 as the Medical Offlcer Dr SlC RajKumar was called to his office to the Deputy he was informedby thejail doctorthat the deceasedwas examinedin the Civil HospitalonlyOll the previousdaye 02092009 and was some medicine to theDeputy as the familymembersofthe 1 r deceasedwere insistingthejail doctor onceagainreferredhim to the 0 Civil for 04092009 The deceasedwas sent to 0 I the Civil at about 135 PM on 04092009 According to the 0 the primary for the upkeepof I thehealthof theinmatesofthe jail rests on thejail and in the Z presentcasethere has been no or dereliction of dutyby r him I t0 Writtenstatement of Dre Parmod Kumar Singla Medical Omcer Z TB Hospital Bathinda Qo to Dr Parmod Kumar Singlathe patienthad 7 to him on 25082009 on which datehe advised sputumtest Z and chestXay The deceasedgave a spot sampleof the sputumon tl andhe was advisedto come on thenext dayHowever the patientdidnot reportto theTB Hospitaltill 02092009 According to the general condition of the patienton the said daye Dr 02092009 was alrightand as the report of the sputumtest was negativeas perthe guidelines in force antiuberculosis treatment couldnot be startedDr Singla had also statedthatthoughthe chestX thepatientindicated Tuberculosis yet ant A ray of 11 4 1 0 A Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 819 444 CWP No 14393of2009 10 tuberculosistreatment could not have been startedon the basis of the Xay reportalone In his writtenstatement Dr Singlahas refeued to and enclosed thepostnortemreportwhich indicated that cause of death could be declared only after the receiptof the chemical examinersreportand report Alongwith the written m r statementof Dr Singlathe reportof the chemical examiner dated 0 21 02009 was also enclosedwhich is to thefollowingeffect 0 I C9 detectedin thecontents of exhibitsII III 8 IV No poisondetectedin the contents of I exhibit I Z The cause of death certifled by the Assistant Professor Forensic Medicine GGS Medical College Faridkot and the I Demonstratorin thesaid in thereportdated28112009 has L Z alsobeen enclosed to the written statement of Dr Singla The said c0 oplnlOnwithregard to cause ofdeath is to thefollowingeffectl The cause of death in this case in our Z OpllllOll after goingthroughpostnortem No BDISMIRGIFMIPMR107C109 dated 06092009 Chemical Examiners No 2954 dated 2102009 and report NO dated 27 12009 1S compound Writtenstatement ofDre SeKeRai Kumar JaU Doctor Dr SK RajKumar jail doctor has also flled a separate written wherein he had deniedthe of demandof and or lack ofconcern on hispartwith regardto the tll Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 320 5 CWP No 14393of2009 11 careahd treatmentprovided to the deceased Shortlyput according to Dr Sk RajKumar the deceasedhad beenreceiving treatment in the jailhspitalfromthemonthof July 2009 andhe was in fact sent to the Civil on severaloccasions According to Dr SlC RajKumar thee4try in theregisterreferring the deceasedto the Civil Hospital on 1 was in fact madeon the previousdayand therefore it 1S 0 the authoritieswho are for not sending the deceasedto 0 the Civil In his written statement Dr S Raj Kunar had furtherpleaded thatthedeceasedwas referredto the Civil I by him as earlyas on 25081009and therefore it is the Z doctorsin the Civil who are for lack of proper 0 med4caltreatment if any On the said basis Dr SlC RajKumar jail I docor hastried to absolvehimselfof any liabilityin thematter Z arguments had been advancedat the hearingby Cll A Amicus Curiaeas well as by the learned Counsels 7 Z for thevarious partiesLeamed Amicus Curiae Il that the cause of death 1e peicideis not in as much as theleading works on Medical mentionthe immediatesymptomsthat would be evident andalso theconditionsthatwill be apparent in post4nortem in daseof such both of which are absentin thepresentcase a referringto thework of H W V Cox on Medical and Toxicologythe leamedAmicus Curiaehas refened the adverse effects nausea vomiting fll Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 321 r e CWPNo4393 of2009 12 lacrimation blurred vision of micturition and musculartwitchings and fasciculationsthat would be apparenton a medicalexaminationwhich are missingin the present case Theappearancesin the postnortem which would be available to the leamed author are also missingin the post4nortem C reportAccordingto the learnedAmicus Curiae the medical repons 0 that have been on recordincludingthe opinionof the doctors 0 I wouldsuggestthatthe deceasedwas suffering from an advancedstage m4 of Tuberculosisandwas not on any regularmedicine Such advanced stage of Tuberculosiscould have onlyovera periodoftime Z 2 which the deceasedwas in custody no proper was made available and the deceasedwas not put on a I regularcourse of medicine which resulted in his death Learned Z AmicusCuriae has further submittedthat in such circumstances it m would be reasonableto hold that the deceaseddied unattendedue to 7 Z In any event according to the learned Amicus Curiae even if the cause of death 1S assumedto be it is for the Stateto how the same could have been 9 by the deceasedwhile in custodyNo such 1S forthcomingIt is therefore submittedthat flndings should be by the Court with regardto of medicalcare andattentionof the deceasedat the hands of the State authorities and furthennoresuitable should be awarded to the membersof the deceasedIt is also submittedthatthejail 1 Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 322 L CWPN614393 of2009 13 J andthe doctorswho are should be directedto with law The contentionsadvancedby the leamed Amicus Curiae beenhotlycontestedby the learnedCounselsfor the It that the report of the leamed District Judgedated 1 09092009 should not be accepted as the reportsof the 0 niical examiner and the cause of death were not available to the 0 I District Judge at the pointof time when he had submittedhis 75 OIl 09092009It is submittedby the leamedCounsels for the thatthe testimoniesof the coconvicts with regardto Z of bribe should not be acceptedIn any case there is no f eidence to establishbeyondall reasonabledoubt that bribe was I on behalf of the jaildoctor who had received the samee Z Counselshavefurtherargued that thedeceasedwas sent to the f from time to time and finallyon 04092009 It is also Z that it has been in the written statement of 1DrParmodKumar that treatment to the deceasedwas given as Iberthe of the State Tuberculosis Control Society The as of eitherthe doctors or the jail authorities it is submitted hasto be established a shadowof doubtwhich according to the Counsels1Snotpossible on the basisof the materialsavailable recordCulpable or actions withoutreasonablecare and or withoutany cannot be attributedto any of the authoritiesor the doctorsandtherefore the Court should refrain 1 Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 1 323 1 CWP No 14393of2069 14 from recoring any flrm conclusion with regardto the liabilityor bfanyofthe saidofflcials and doctors 1 1Havingconsideredthe facts and circumstancesin which deathof SinghaliasJassahad occurred includingthe report 1 of inquirydated 09092009 submittedby the leamed District 8 Sessions Bathinda and the pleadings of the partieslt 1S Our viewthatthe followingquestions arisefor determinationin 0 thepreselt case VC31 I i Whetherthe of demandand paymentof money 49 to Dr RajKumar MedicalOfflcer CentralJail Bathindabyway I of illegal havebeenproved and establishedin thepresent Z any actionin law against the aforesaiddoctor2 caseso as to r iil WhetherDr SK RajKumar who had attendedto the t0 lIl thejail and Dr ParmodKumar SinglaMedical Z er Offlcr T Bathindawho had attendedon him in the TB b 1 CD Hospital are guiltyofnegligence or for mao Z ofthedeceasedresulting in his death9 medial treatment Om Deputy Central Jail 6iii Whether Kaur and liable for any dereliction of dutyin so far 1S as for medicaltreatmentofthedeceasedis concemed2 deathof JaskaranSinghaliasJassawas on account iv ofl Tuberculosis or due to of organo vO Whetherany 1S liableto be awardedto the Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 324 1 CWP Noe14393of2009 15 familymembersof the deceased Jaskaran Singhalias Jassa in the exerciseofjurisdiction in therealm ofpubliclaw2 Demand and receiptof illegal is a criminal offenceand therefore any such allegation will have to be provedand establishedbeyondall reasonabledoubt Onlyin such an a finding to thesaid effect will bejustifledIn thepresentcase threeco m convictsnamelyVinod Kumar SurinderKumar and MajorSinghhad 0 statedbeforethe Offlcer District 8 SessionsJudge V I that whenever inmates had to go for medical treatment in the jail C5 hospital demand for money was made Apartfrom the fact that such I statements are of coeconvicts the said lack any material Z When were the demandsmade by whom the same were madeand for whose benefit such demandswere raised are not very I CJ clearfrom the statementsof the coeconvicts The statementsof the coe Z convictsalso thaton 04092009thedeceasedhad informedhis 0 familymembers the demandfor money and had the 7 Z forsome money No speciflc ln familymembersto arrange 0 available Thoughthe sister of the deceased thisregard are Kaur in her statement with to demand namely statementdoesnot directly Dr SK Raj for money the Kumarthejaildoctor ln as muchas to Sarabjit Kaur such demandwas madeby anotherPerSOnwhohad statedthat the money a 1S to be paidto thejaildoctor Sarabjit Kaur in her statement that shehad paidan amountof Rs 25001to the had also Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 325 4 CWPNo 14393of2009 16 who had madethe demand However from her statement lt 1S not established that the said amount was receivedbythejail doctor In theabove factsand circumstanceswe are of the consideredview that noflndingshould be recordedto the effect that any demandfor illegal was madeby Dr SK RajKumar thejail doctor or that anyamount was actuallyreceived by him by way of illegal r 0 Thepracticeof medicine by a doctor involves takingof I decisions on an assessmentof the medical condition of a patientand C5 I theneedforany particular line of treatment What is thecondition of a patientwhat is the precisetreatment and what line of Z treatment medicine that should be and at what stageultimately on the of the doctor Such I would vary from doctor to doctor Unless and Z until such is vitiatedby a fundamentalflaw ie failure to 3 m adhereto the basic norms standard which are 7 Z or such a hasbeen bylack of elementary care andcaution the ultimatedecisiontakenbya medical based on his over all ln a fact shouldnot and cannot be faulted Merelybecause 10 SltuatloIl retrospectit may appearthat a better could have beentakenthe decision actuallytaken cannot be tenned as erroneous The above oflaw can be culled out from the of the Apex in Jacob Mtuh Vs Suue Pmjab 00 6 SCC k Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 326 J CWPNo 14393of2009 17 pae 1 and Martin F Dsouza Vs Mohd Ishtnd 00913 SCC 1 It iskeeping in mind theabove thattheCoun must proceed to determinetheliabilityif any of Dr SlC RajKumar thejaildoctor as well as Dr Parmod Kumar SinglaMedical Offlcer Tl3 Hospital Bathinda Thematerialson record indicatethat Dr SK RajKumar had referredthe deceased to the Civil HospitallTBoHOSPital on 0 25082009 and againon 02092009 Finally he was once again 71 I referredon 04092009The deceasedwas of coughloss 0 I of and generalfeelingof lack of goodhealth It will not be thepart of the Court to assume that a jail hospital has incorrect on Z forinedepth medicalexaminationsand is not limitedfacilities r with any tools Beyondreferring a seriouslyill I to the Civil Hospital or to a more advancedmedical centre a Z jaildoctor may have limited optionsavailableto him In the present CO and 02092009 the deceasedwas referredby the case on 7 Z by Dr Pannod Kumar Singlawho is a TB Jail Doctor and tl However the deceasedwas not admitted in the T Bathindaand after necessaryadviceand he was sent backto thejail In a wherethejail doctor did refer the deceasedto the T3 and he was attendedto by the TB it will be difflcult on thepart of the Court to hold that RajKumar the jail doctor is liable for any or Dr SK inactionor any visiblyerroneous decision with regardto the patient 9 1 4 Rashmi 2014.04.21 10: 56 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 327 J CWPNo 14393of2009 18 The that the deceased remained 111 the jail hospital the dayon 03092009 and was not renderedany medical attention as to before the EnquiryOfflcer by the COCOtlvlcts aswell as the relativesofthe deceased in our consideredview has to beunderstoodin context of the facilities available in thejail hospital for treatment and also the fact that on the said day1 03092009 the 1 r jaildoctor had actuallyreferredthe deceasedonce againto the Civil 0 Hospitalfor 04092009pursuantwhereto he was taken to the Civil V69 I in theaRemoonof04092009 C45 In so far as theliabilityof Dr Parmod Kumar Singla1S I concerned lt 1Sclearfrom the statementsmadeby theaforesaiddoctor Z beforethe Offlcer as well as from the writtenstatementflled in 0 the that the deceasedfirst reported to Dr Singlaon I r and a sputumtest was carriedout According to themedical Z nonnstherewas necessity of a secondsputumteston thenext dayand co the deceasedwas advisedto come and undergo the said test he 7 Z did not do so In fact to Dr Singlathe deceased to theCivil Hospitalnext on 02092009 In any event the sputumtests had according to Dr Singlathoughthe had revealed presence of Tuberculosis accordingto the in force antiuberculosistreatment could not be startedon thebasis of the xray alone Therefore treatmentby means of a courseof was startedand in view of thegeneral condition ofthe patientwhich was alrighthe was not admittedin the Tl3 Rashmi 2014.04.21 10: 56 Scanned True Copy of Original