Gujarat HC stays coercive action against Rajasthan Hospital by AMC

By: Express News Service | Ahmedabad |

September 17, 2020 4:51:11 am





gujarat hc, amc, amc penalty on Rajasthan Hospital, Rajasthan Hospital gujarat hc plea on penalty, Rajasthan Hospital negligence case, indian express newsAn FIR was also registered on behalf of the AMC against the board of management members and trustees of the hospital. (File)

The Gujarat High Court issued a notice to the Ahmedabad Municipal Corporation (AMC), state government and Lifecare Hospital after the imposition of Rs 77 lakh as penalty on the AMC-requisitioned Rajasthan Hospital was challenged by the said hospital authorities.

The high court, in an order dated September 9, stayed any coercive action against Rajasthan Hospital by the AMC, on the basis of the Rajasthan Hospital’s argument that their side was not sufficiently heard.

The high court also said that it expected the Shahibaug police station that is investigating the case against the hospital, that has been charged of negligence by the AMC, to file a report on the probe.

The penalty was imposed by the urban local body in June-end, after a delay in admitting a Covid-19 patient, resulted in his death, leading the court to make strong observations against the mismanagement. The patient initially admitted to Lifecare Hospital but was arranged to be transferred to Rajasthan Hospital after it was adjudged that the patient required ventilator support. However Rajasthan Hospital had allegedly kept the patient waiting for over 30 minutes, leading to his death.

An FIR was also registered on behalf of the AMC against the board of management members and trustees of the hospital.

The division bench of Chief Justice Vikram Nath and Justice JB Pardiwala has also laid down that it expects the investigating officer of the Shahibaug Police Station “to complete the preliminary inquiry and file an appropriate report in accordance with law.”

The AMC had earlier submitted before the court that while it has repeatedly tried to recover the penalty amount from the hospital authorities, the said authorities had “sent an amount of Rs 25 lakh under protest, while denying the liability as regards the payment of penalty to trustees.”

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