- (1.) This public interest litigation relates to functioning of the S.M.S. Hospital, Jaipur and other Government hospitals. The petitioner has made serious allegations against its functioning including that patients have died in the hospital because of wrong diagnosis and carelessness. In paragraphs 1 to 20 of the writ petition, instances have been cited mentioning different cases in which either the patients died or were incapacitated because of negligence of the doctors. The petitioner also alleged that the wife of Hon'ble Mr. Justice N.C. Sharma of the Rajasthan High Court died due to not giving of a proper treatment at the proper time. Many other irregularities alleged were relating to purchase of machines by the S.M.S. Hospital for the personal gain of doctors. The petitioner also alleged that patients used to be recommended for getting pathological test done by the Diagnostic Laboratories situated in the neighbourhood instead of rendering services by the doctors themselves in the S.M.S. Hospital where all facilities for the said purpose were available. The doctors used to advise the patients to get their urine and blood test conducted outside so that they could get commission from the private clinics.
(2.) The Division Bench consisting of Hon'ble Mr. Justice M.B. Sharma and Hon'ble Mr. Justice I.S. Israni appointed a commission to enquire into the truth of the allegations made in the writ petition. The Bench directed :- "We are also of the opinion that to inquire into the truth or otherwise of the allegations that some diagnostic laboratories near or around the SMS Hospital, Jaipur or in Jaipur city are run by proxy on behalf of the Professors/doctors in the government run hospitals, the enquiry should be made by person/persons to be nominated by the Chief Income-Tax Commissioner Rajasthan Jaipur. The said person or persons shall also inquire whether any commissions on the cases referred for investigation to the various diagnostic laboratories is paid to the doctors who make the aforesaid reference, and if so what is the percentage thereof. We therefore direct the Chief Income- tax Commissioner Rajasthan, Jaipur to appoint person/persons not below the rank of Income Tax Officers to make the aforesaid inquiry or investigations and to submit the report to this Court within a period of three months. A copy of this order be immediately sent to the above named persons including, C.I.T.C.The case may be listed for such further directions as may be deemed necessary after the receipt of the reports as aforesaid." The Bench appointed a Committee consisting of - 1. Dr. R.M. Kasliwal, Formerly Principal of S.M.S. Medical College, Jaipur. 2. Dr. M.L. Gupta, Retired Principal, Medical College, Udaipur. 3. Shri S.R. Bajwa, Advocate.
(3.) The Committee sought clarifications from the Bench by moving the application. The clarification was given by the Bench on 20.6.1989. They directed the State Government, Superintendent, State Motor Garage, Jaipur to provide the conveyance facility to Shri R.M. Kasliwal and Shri M.L. Gupta as and when they so require only to the extent of going from their residence to the hospitals and back.;