The Gauhati High Court has closed a suo motu PIL registered on the issue of increase in cases of Covid-19 infection in the State of Nagaland.
Based on a newspaper report with regard to the increase in Novel Coronavirus infection in the State of Nagaland, the High Court had taken up the PIL suo motu.
Thereafter, during the course of hearing of the PIL and on the basis of affidavits filed by the respondents, the Amicus Curiae brought to the notice of the High Court that some of the Doctors posted at some CHCs and PHCs were either on study leave, or attached at some other places.
The Court also took notice of the fact that some of the medical personnel were also attached in other places than their normal place of posting, and in that view of the matter, the State respondents were directed to file affidavit explaining as to why no medical personnel were posted at some medical centers and why the medical personnel, including Doctors are attached elsewhere than their normal place of posting.
The Secretary, Department of Health & Family Welfare, Nagaland has filed an affidavit dated 12.10.2022, wherein a communication dated 07.10.2022 by the Secretary to the Government of Nagaland, Health & Family Welfare Department.
N. Mozhui, Counsel submits that the communication dated 07.10.2022 addressed to the Principal Director, Health & Family Welfare, Nagaland, Kohima was written in pursuance of its earlier communication dated 05.05.2021 for ensuring that all detached Medical Doctors on temporary attachment are posted in their original place of posting.
According to the communication dated 07.10.2022,
“1) To ensure that all the detached Medical Doctors on temporary attachment vide Notification No (A) Covid-19/13/19/2021/653 dated May 5, 2021 to various District Hospitals, District Task Force (DTF) and the NHAK are in their respective original place of posting.
2) The Principal Director, H&FW shall see that no Medical Officers and Staff are attached in the Directorate pool. To submit a proposal for transfer and posting from the Directorate pool to the health units across the State where there are shortages of Doctors and medical staff.
3) All CMOs/MSs shall ensure the officers detached report for duty and submit the report to the Principal Director, H&FW.
The CMOs/MSs shall conduct a routine inspection of all health units under his/her establishment on regular intervals and submit a report to the Principal Director, H&FW on a monthly basis on the attendance/performance with a copy to the government.
The erring officials to be dealt according to the laid down Nagaland Services (Discipline and Appeal) Rules, 1967.
4) The Principal Director, H&FW should also ensure detachment of other Medical personnel who are on attachment at various health facilities with immediate effect.”
Taka Masa, Amicus Curiae apprised the Court that all the Doctors have been detached and placed at their normal place of posting and the medical personnel have also been released for joining their normal place of posting.
Considering the submission and the communication dated October 7, 2022, written by the Secretary to the Government of Nagaland, Health & Family Welfare Department, the Kohima Bench of Justice L.S. Jamir and Justice Songkhupchung Serto closed the PIL.