'Fin loss by govt officials' negligence should be recovered from them'

CHENNAI: Justice SM Subramaniam of Madras High Court ruled that when public officials have committed an act of negligence, lapses, or dereliction of duty, the financial loss caused to the state exchequer is to be recovered from such Public Servants, who all are responsible and accountable for the financial losses.

The judge passed the order on disposing of a civil revision petition filed by the dean of Government Medical College Hospital and Thiruvarur district collector to review an order passed by the principal subordinate judge, Thiruvarur on September 29 for attaching the movables in the offices of the revision petitioners.

The order was passed since the revision petitioners failed to provide a compensation of Rs.5 lakhs as per the order of the sub-court in Thiruvarur to a woman patient who alleged medical negligence in the Thiruvarur Government Medical College Hospital and due to that she lost her vision.

According to the respondent, in this case, the doctors conducted an erroneous eye surgery which forced her to lose her vision.

Though the order of decree was passed by the trial court in 2016, the officials did not come forward to provide compensation or to challenge the decree. Therefore, the order to attach the properties of the revision petitioners was passed.

Recording the submissions, the judge held that the State has to pay the compensation amount and thereafter recover the same amount from the Doctors and the Officials, who have committed an act of medical negligence, administrative lapses, or dereliction of duty.

"The financial loss to the public is to be recovered proportionately by fixing the responsibility amongst all the officials, who have committed an act of administrative lapses, negligence, and dereliction of duty. In this regard, the revision petitioners are bound to conduct an inquiry and initiate all appropriate action following the Service Rules, which all are applicable, " the judge ruled.

As the GH and district collectorate are public offices, the judge directed the revision petitioners to deposit Rs.5 Lakhs before the execution court within January 10, 2023, and the same shall be disbursed to the victim.