Madras High Court directs Tamil Nadu government to constitute “Flying Squads” for surprise checks at government hospitals

The Madras High Court recently directed the Tamil Nadu government to constitute “Flying Squads” at regional and district levels to conduct surprise inspections at Government Hospitals and primary health centres across the state to ensure doctors and other staff work efficiently [S Muthumalai Rani v. The Secretary and ors]. .In an order passed on November 16, Justice SM Subramaniam also directed that state government authorities monitor such flying squads to maintain their efficiency."The 1st respondent (TN government) is directed to constitute required number of 'Flying Squads' at Regional levels / District levels for the purpose of conducting frequent surprise inspections in Government Hospitals, Primary Health Centres, etc., across the State of Tamil Nadu and ensure that the Doctors, Nurses, Paramedical staff attend their duties as per the rules in force and present during the working hours in the medical institutions, and to monitor the functioning of the Hospitals in all respects including the quality of treatments and medicines supplied to the patients etc.," the high court said. .The order was issued on a plea moved by a retired medical store officer of the Coimbatore Medical College Hospital, who was facing disciplinary proceedings for allegedly having procured bulk quantity of speciality medicines over and above the requirement and without following due procedure. .The respondent state authorities told the high court that a financial audit of the hospital records had revealed that the petititoner had ordered the medicines without following procedure which in turn caused huge losses to the State exchequer..After the petitioner retired from service in 2015, she was asked to pay the hospital over ₹66 lakhs in lieu of the loss purportedly caused through her actions. .The petitioner argued before the court that she had followed due procedure and that recovery of such amount could not be sought from her after her retirement. .The court however, said the allegations against the petitioner were serious in nature and noted that she had not cooperated with the authorities during the departmental inquiry conducted after the audit. Therefore, it directed the hospital to conduct a fresh, detailed investigation within three months from now and directed the petitioner to cooperate. "The financial loss caused to the State Exchequer must be recovered from all concerned and public cannot be made to suffer on account of irregularities or illegalities committed by the public servants", the Court said in its order..During the hearing, the court also said that the state government must take steps to ensure the highest standard were maintained at government hospitals and health centres while "providing medical treatment and supplying medicines to patients." .Senior Advocate B Kumar and advocate T Sudhan Raj appeared for the petitioner.Additional Government Pleader Stalin Abhimanyu and advocates D Gopal and V Murali appeared for the respondents. .[Read Order]