Chhattisgarh High Court: In a suo motu public interest litigation (‘PIL’) regarding the condition of the Bilaspur District Hospital, the Division Bench of Ramesh Sinha, CJ., and Bibhu Datta Guru, J., took note of a reported incident of a security guard administering injection to patient at Gariyaband District Hospital. The Court directed the District Magistrate, Gariyaband, to file an affidavit outlining the steps undertaken and further specifying the preventive measures instituted to obviate recurrence of such lapses.
Background
On 10-04-2024, the Court took suo motu cognizance due to a news item published in Dainik Bhaskar, which stated that thyroid testing at Bilaspur District Hospital had been closed for the last three months due to a lack of reagents. Similarly, the Hamar Lab, established in Bilha Matru Shishu Hospital, had no pathologist for tests such as blood-urine and stool tests. Patients who came to the OPD for treatment, or testing, and even the admitted ones, were being sent to private labs outside the hospital for tests. Additionally, on 05-08-2025, the Court took note of the various news reports concerning the issues faced by patients in multiple hospitals, especially AIIMS, Raipur.
During the pendency of the present PIL, on 22-08-2025, a news report was published in Dainik Bhaskar (Bilaspur Bhaskar) about a disturbing incident at the Gariyaband District Hospital, where a female security guard was found administering an injection to a patient instead of the staff nurse. The incident came to light when a former Municipal Councilor, who had accompanied his nephew for treatment, captured the act on camera and circulated the photograph, which soon went viral.
The news further indicated that the Collector, taking cognizance of the matter and due to the embarrassment caused to the Health Department, issued show-cause notices to the Chief Medical and Health Officer (‘CMHO’) and the Civil Surgeon, warning of disciplinary action.
Analysis
The Court stated that though show-cause notices had been issued to the CMHO and the Civil Surgeon, the incident raised grave concerns touching upon the very functioning, supervision, and integrity of the District Hospital.
“The spectacle of a security guard administering an injection in place of a trained nurse is not only a clear breach of medical ethics and professional standards, but also a stark reflection of systemic failure in ensuring accountability and adherence to established protocols of patient care.”
The Court further stated that the issuance of notices, by itself, could not be regarded as an adequate response, unless it was accompanied by tangible and effective remedial measures aimed at strengthening institutional monitoring, fixing responsibility upon delinquent officials, and establishing mechanisms that categorically prevented recurrence of such incidents in future.
“Such a lapse imperils the trust of the public in government medical institutions and undermines the safety of patients who seek treatment therein.”
Consequently, the Court directed the District Magistrate, Gariyaband, to file an affidavit by the next date of hearing, outlining the steps undertaken in consequence of the show cause notices issued to the CMHO and the Civil Surgeon, and further specifying the preventive measures instituted to obviate recurrence of such lapses in the Gariyaband District Hospital.
The matter was listed for 28-08-2025.
[In the Matter of Suo Moto Public Interest Litigation v. State of Chhattisgarh, 2025 SCC OnLine Chh 8337, decided on 22-08-2025]
Advocates who appeared in this case :
For the respondent: Addl. Advocate General Y.S. Thakur and Advocate Raghvendra Pradhan