The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 18657 of 2015 …. Petitioner Mr. Ajay Mohanty, Advocate …. Opposite Parties Maitree Sansad, Cuttack -versus- 1. State of Odisha 2. Secretary, Health and Family Welfare Deptt.. Khurda 3. Revenue Divisional Commissioner (C.D.), Cuttack and Chariman, Swasthya Bikash Samiti, SCBMCH, Cuttack 4. Superintendent, SCBMCH, Cuttack 5. Administrative Officer, SCBMCH, Cuttack
Legal Reasoning
Mr.L. Samantray, AGA CORAM: THE CHIEF JUSTICE JUSTICE SAVITRI RATHO Order No.
Decision
ORDER 16.07.2024 25. This matter is taken up through Hybrid mode. 2. It is stated by the learned Additional Government Advocate that an additional affidavit has been filed online on 12.07.2024 sworn by the Fire Officer, Central Range, Cuttack on behalf of the Director General, Fire & Emergency Service, Odisha containing status of progress for the work of installation of fire fighting system in all buildings of SCB Medical College & Hospital, Cuttack. It has been stated that fire fighting works of 34 buildings have started. However, such fire fighting works of 9 buildings is yet to start. It has also been stated that the concerned agency has initiated action for procurement for equipment and the work shall start within a week and will be completed within the contract period. The Page 1 of 10 finalization of tender and execution of work for 4 buildings shall be taken up within a week. It has also been stated that the fire safety work which commenced in respect of three buildings namely, New Medicine Department, Ophthalmology Department and Obstetrics & Gynecology Department will be functional by 25.07.2024. 3. A copy of the communication dated 11.07.2024 issued from the Office of the Superintending Engineer, Cuttack (R&B) Division No.1, Cuttack addressed to the Deputy Fire Officer, Cuttack Circle, Cuttack has been brought on record by way of Annexure-A to the said affidavit. 4. This writ petition in the nature of Public Interest Litigation (PIL) was filed in the year 2015. Various orders have been passed in the case from time to time. Reference may be made to the orders dated 04.03.2024 and 13.03.2024 which read thus: “2. This Public Interest Litigation is of immense importance and relates to installation of Fire Fighting System in Srirama Chandra Bhanja Medical College & Hospital, Cuttack (SCBMCH, Cuttack). The hospital is indisputedly one of the premier medical institutions of the State having eighty-seven buildings. This writ petition has remained pending for more than eight years and we are of the prima facie view, based on the materials available on record and the order sheet that despite this Court’s intervention exercising writ jurisdiction, the progress in the direction of installation of Fire Fighting System is not satisfactory, if not dismal. 3. An affidavit has been filed today sworn by the Superintending Engineer, Cuttack (R&B) Division No.I, Cuttack, from which it transpires that out of eighty-seven buildings, Fire Fighting System has been made available only in eight and work of installation of such system is in progress in three other buildings which is likely to be Page 2 of 10 completed by 14th May, 2024. It transpires that when the matter was taken up by this Court nearly two months ago on 11.01.2024, a stand was taken on behalf of the State that it would take nine months to install Fire Fighting System in all the buildings. In the affidavit filed today also it has again been mentioned that the process of installation of Fire Fighting System would be completed within a period of nine months with active cooperation from the SCBMCH, Cuttack authorities. 4. Absence of Fire Fighting System in a huge establishment like SCBMCH, Cuttack is a matter of serious concern. All the officers of the State are under obligation to take all effective steps and make earnest endeavour to ensure that the process of installation of Fire Fighting System is expedited. So as to generate a sense of responsibility amongst the concerned officials, particularly since the matter has remained pending before this Court for more than eight years without any satisfactory progress, we consider it desirable to monitor the progress of installation of Fire Fighting System in the hospital. 5. In the affidavit filed today, a communication dated 03.02.2024 from the office of the Superintending Engineer, Cuttack (R&B) Division No.I, Cuttack addressed to the Principal Tutor, School of Nursing, SCBMCH, Cuttack has been brought on record, relevant portion of which reads as under:- “As such, necessary steps may kindly be taken for early accordance of Administrative Approval & placement of funds, so that this office will initiate the tender process for execution of Fire Safety Measures work or suitable instructions may be issued to this office to go ahead with the tender process for Fire Safety Measure work pending accordance of Administrative Approval as the Model Code of Conduct for General Election 2024 is likely to be imposed shortly. Page 3 of 10 6. List this matter on 13.03.2024 to be taken up at 2.00 P.M., when the Director General of Fire Safety, Odisha and the Superintendent, SCBMCH, Cuttack with the deponent of the today’s affidavit shall be required to be personally present in this Court so as to inform us how the work of installation of Fire Safety System in the hospital can be expedited” Order dated 13.03.2024 “2. In the light of this Court’s order dated 04.03.2024, Dr. Sudhanshu Sarangi, Director General, Fire and Emergency Commandant General Home Guards and Director Civil Defence, Odisha is personally present. Mr. Pravash Kumar Majhi, Superintending Engineer, Cuttack (R&B) Division-I; Dr. Sudhanshu S. Mishra, Medical Superintendent, Srirama Chandra Bhanja Medical College and Hospital, Cuttack (SCBMCH) and Mr. Trilok Kumar Babu, Fire Officer, Central Range, Cuttack are also present. 3. Dr. Sudhanshu Sarangi, the Director General, Fire and Emergency Services has presented before us a summary of building details of the SCBMCH concerning fire safety measures with the time frame to accomplish such measures. As we have decided to monitor the progress of installation of firefighting systems in the medical college as is reflected from our order dated 04.03.2024, we deem it proper to reproduce the details which have been submitted by the Director General, Fire and Emergency Services, Odisha: “SUMMARY 1. Building Details of SCBMC&H, Cuttack. a. b. Buildings required Fire Safety Certificate:-33 Total No.of Buildings:-85 Page 4 of 10 c. BuildingshaveFireSafetyCertificate:-01 2. SuggestedMeasures Time frame to accomplishsuggested measures 03 Months 06 Months Long Term Suggestedfiresafetymeasures Exit Signages, PA System & Lightening Arrest or Sensitization of occupants and staff Manually Operated Electronic Fire Alarm System Automatic Smoke Detection and Alarm System Adequate Fire extinguishers Fire Ball Inspection of Electrical Installations Under Ground Static Tank Terrace Tank Fire Pump Set First-aid Hose Reel Wet Riser/Down Comer Yard Hydrants Automatic Sprinkler System Fire Safety Supervisor Natural ventilation system or pressurization systems For lift lobby, stairwells & Lift Well Pressurization. Fire Check Doors (FCD) for stair case a teach floor level. Fire Check Doors (FCD )for ICU All Buildings having more than 30 beds and ICU shall be shifted to new Hospital Complex of SCBMC & H, Cuttack. Building facilities that are not to be shifted to new hospital complex of SCB MC & H, Cuttack shall be provided with 2nd staircase and Fireman’s Lift. FIRESAFETYCERTIFICATEREQUIRED FORTHEFOLLOWINGBUILDINGSOFSCBMC&H, CUTTACK Sl. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Name of the Building Surgery Building Trauma Building Old Medicine Building New Medicine building Pulmonary Medicine(Chest) Building Pulmonary Medicine (COE) Building Cardiology Building Obstetrics and Gynaecology Building Non Trauma Casualty Ophthalmology building Page 5 of 10 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. ENT/Super Special OPD Building Destitute/Diarrhoea/Cholera Ward SKIN &VD Building Spine Injury Building New Medicine Unit 6 (shed) Pulmonary Medicine (TB) Building Hepatology Building Old Orthopaedics building(G+2floor) And New Orthopaedics Building (G+4 floor) Telemedicine Building Anatomy Building VRDL Building BSC Nursin Hostel Building BSC Nursing College Building Academic Building New Auditorium School of Nursing College/Unmarried Hostel Building SR Building Prof Quarter Building Pathology/Microbiology Building Dean Office/Community Medicine/ FMT Biochemistry Building UG Hostel Drug Ware House Building Kitchen Married Nursing Quarter-2 Building Gents PG hostel(Old) Gents PG Hostel (New) Ladies PG Hostel (New-1) and Ladies PG Hostel (New-2) Transfusion Medicine (Blood Centre) Building Day Care Paediatric OPD/Casualty New Surgery Destitute Married Nursing Quarter-1 WATCO Office Sample Collection Room Old Radiology Building New Radiology Building Skill Training Hall Building HLL Store New Laundry BMW Plant Morgue House NCC Office AAHAR Kendra Shed ART Centre Pharmacy Hostel Building Pharmacology Building Pharmacy Ladies Hostel Pharmacy College Page 6 of 10 F I R E S A F E T Y C E R T I F I C A T E N O T R E Q U 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. Radhanath Sahaya Kendra Physiology Building RDC Building MRI DDC Niramaya Casualty Shed CSSD/TSK Store Building Police Outpost Building Old OPD Building Superintendent Office Building Electrical Section Office A)Old Gents Hostel B)New Gents Hostel C)Ladies Hostel-1 D) Ladies Hostel-2 Ladies Hostel U.G Oxygen Plant PSAPM Care-1 Oxygen Plant PSACM Care-2 Oxygen Plant LMO-1 Oxygen Plant LMO-2 Oxygen Plant Manifold Cardiology Oxygen Plant Manifold Pulmonary-1 Oxygen Plant Manifold Pulmonary COE-2 Oxygen Plant Manifold Surgery Oxygen Plant Manifold Trauma Oxygen Plant Manifold Neuro Surgery Oxygen Plant Manifold OG Oxygen Plant Manifold New Medicine IRED FORTHEFOLLOWINGBUILDINGSOFSCBMC&H, CUTTACK FIRESAFETYCERTIFICATETOBERENEWED FORTHEFOLLOWINGBUILDINGSOFSCBMC&H, CUTTACK Sl. No. 1. 2. 3. Name of the Building BSC Nursing College Building Academic Building New Auditorium BUILDINGS OF SCB MC & H, CUTTACK HAVINGVALIDFIRESAFE TYCERTIFICATE Sl. No. 1. Name of the Building BSC Nursing Hostel Building FIRECALLANDSPECIALSERVICECALLSTATICSOFSCBMC &HFIRESTATION 1. Keeping the safety of lives and properties of the indoor patients and their attendance, Govt. of Odisha (H.D.) was pleased to approve Page 7 of 10 for opening a Fire Station inside the SCB MC & H campus. Accordingly, a one unit Fire Station in the name of “SCB MC &H Fire Station” is being functioning round the clock inside the campus of SCBMC & H, Cuttack since 29.06.2016. The fire/ special service call statics of the said Fire Station is furnished below for perusal. Rem arks No. of Muck Drill conduct ed -- 11 07 17 12 14 17 04 35 During the Year No. of Major Fire Call attended No. of Medium Fire Call attended No.of Small Fire Call attended Total No.of Fire Call No. of Special Service Call attended 2016 2017 2018 2019 2020 2021 2022 2023 Total- 00 01 00 01 00 00 00 00 02 00 02 00 01 00 00 00 01 04 2. CAUSE OF FIRE:- 10 16 8 10 6 7 11 11 79 a)Due to electric short circuit b)Garbage Fire c)Gas Fire d)Arson e)Vehicle fire f)Cigarette fire g)Oxygen leakage but no fire 3. DISPOSITIONOF SCBMC&HFS:- 10 19 8 12 06 07 11 12 85 02 02 02 02 02 08 02 02 22 -59 (69%) -03 (3.52%) -02 (2.35%). -10 (11.76%) -02(2.35%) -06(7.05%). -03(3.52 %) Total-85 Rank Station Officer Leading Fireman Sanction Strength 01 02 Driver Havildar Fireman Driver Fireman 01 01 10 Present Strength Vacancy 01 02 + 01 LFM is on deputation from Satyabadi FS 01 01 08 -- -- -- -- 02 Page 8 of 10 Total- 15 14 02 4. VEHICLEPOSITION:- There is one vehicle of Tata-09 (Motor Fire Engine) bearingno.OD-05-U-8682 available in this Fire Station to meet any emergency.” He has informed this Court that administrative approvals have been granted by the competent authorities at various levels for installation of equipments and making structural changes as and where required in the building so as to ensure that the firefighting system in the hospital is easily accessible and is effective. He has further informed that administrative approval is awaited in respect of 14 projects which are likely to be cleared within a week. 4. We do appreciate the efforts made by the Directorate General of Fire and Emergency Services and other officials of the State for having taken up in right earnest, the task of having an effective fire fighting system in the hospital seriously, as is reflected from the summary, which has been submitted by the Director General, Fire and Emergency Services and has been reproduced hereinabove. 5. The Court expects that the authorities at various levels shall ensure that grant of administrative approval in respect of rest of the 14 projects is expedited. 6. Let an affidavit be filed by the Director General, Fire and Emergency Services by the next date detailing the progress in the meanwhile. The Court would appreciate if on the next date the Director General, Fire and Emergency Services is present to assist this Court.” 5. Since pursuant to the orders passed by this Court, the opposite parties have taken steps for installation of fire fighting system in all the buildings on the SCB Medical College and Hospital. Considering the averments from the Government made in the affidavit filed on 12.07.2024, we dispose of the present writ Page 9 of 10 application with an observation that the opposite parties shall make best endeavour to ensure that the work of installation of fire fighting system in the Hospital, which is of immense public importance, is completed within the time as stipulated under the contract/ work orders. 6. This writ application stands disposed of. 7. We appreciate the sincere effort made by Mr. Ajay Mohanty, learned counsel for the petitioner for taking up this Public Interest Litigation (PIL) of which is of great importance, before this Court. 8. The effort made by Mr. L. Samantray, learned Addl. Govt. Advocate for the State also deserves due appreciation. Chief Justice (Chakradhari Sharan Singh) puspa (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 29-Jul-2024 10:37:58 Page 10 of 10