Chhattisgarh HC Takes Suo Motu Cognizance of Oxygen Plants Built at the Cost of Crores of Rupees Lying Closed

In a significant development, the Chhattisgarh High Court has taken suo motu cognizance of a troubling situation involving the closure of oxygen plants in the state’s government hospitals, particularly at the District Hospital, Bilaspur. The court initiated the Public Interest Litigation (PIL) after a news report highlighted the non-operational status of these plants, which were installed at a considerable public cost during the COVID-19 pandemic. 

The case, registered as WPPIL No. 76 of 2024, was heard by Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, who expressed concern over the severe neglect of public health resources. The oxygen plants, which were meant to provide critical life-saving support in the hospital’s NICU and ICU, are reportedly lying defunct due to mismanagement and a lack of trained personnel for their operation.

Background of the Case:

The High Court’s intervention was prompted by a news article published in Haribhoomi, which reported that oxygen plants installed at Bilaspur District Hospital had been closed despite their installation at the expense of crores of rupees. These plants, vital during and after the COVID-19 pandemic, were found to be inoperable, forcing the hospital to rely on oxygen cylinders purchased from external suppliers.

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The report also mentioned similar issues at Dr. Bhimrao Ambedkar Memorial Hospital, Raipur, where emergency services were severely limited on holidays, and the OPD remained closed, leaving patients without proper care.

Key Legal Issues Involved:

1. Healthcare Mismanagement: The main issue is the apparent negligence in maintaining essential medical infrastructure, such as oxygen plants, which were installed to enhance the state’s ability to handle critical medical emergencies.

2. Allegations of Corruption: The PIL also raised concerns that the failure to restart these plants might be linked to corrupt practices. It was suggested that hospital authorities could be deliberately delaying repairs to profit from commissions earned through the regular purchase of oxygen cylinders.

3. Failure in Public Duty: The overall handling of emergency medical services at major hospitals, especially during weekends and holidays, was another issue highlighted. The lack of available medical staff and essential medicines, particularly in Raipur, adds to the growing concern over the state’s healthcare infrastructure.

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Court’s Observations:

The court, after hearing the arguments presented by Advocate General Mr. Prafull N. Bharat and his assistant, Deputy Advocate General Mr. Shashank Thakur, expressed grave concern over the condition of these hospitals. The court observed:

“The oxygen plants built at the cost of crores of rupees in the District Hospital, Bilaspur, are lying closed… The hospital management keeps claiming that everything is fine, but no employees have been deployed for its upkeep and maintenance.”

The court noted that, despite inspections by various authorities, no significant steps had been taken to restore the oxygen plants. This lack of action has caused the hospital to depend on external oxygen cylinders, of which 30 to 50 are required daily. The court implied that the hospital management may be benefiting financially from these purchases, suspecting a deliberate attempt to keep the oxygen plants non-operational.

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In light of the serious allegations, the court has directed the Additional Chief Secretary of the Health Department to file an affidavit outlining the reasons for the non-functioning of the oxygen plants. The court granted a short time for the Advocate General to obtain instructions and further investigate the matter.

Parties Involved:

– Petitioner: The case was initiated by the High Court on its own motion, with the State of Chhattisgarh as the respondent.

– Respondents: Among the respondents are senior health officials, including the Additional Chief Secretary of the Health & Family Welfare Department, Mr. Brijmohan Morle, who has been ordered to submit a personal affidavit on the status of the oxygen plants.

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