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Rajesh Kumar Srivastava v. Shri A.P.Verma And Others - CONTEMPT APPLICATION (CIVIL) No. 820 of 2002 [2007] RD-AH 1285 (22 January 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court No. 30


Rajesh Kumar Srivastava - Applicant


Shri A.P. Verma and others - Respondents

Hon'ble Sunil Ambwani, J.

1. Present Shri K.C. Sinha, Assistant Solicitor General of India; Shri J.K. Tiwari, learned Standing Counsel for State; Shri Mahendra Bahadur Singh, learned Standing Counsel, Central Government; Shri Jayont Banerji, amicus curiae. Dr. V.S. Nigam, Joint Director, Communicable Diseases Programme Officer, J.E. Swasthya Bhawan, Lucknow; Dr. M.K. Gupta, Assistant Director, Epidemics; Dr. Sapna Das, Level II Officer, Epidemics and Dr. Satish Kumar Srivastava, Lecturer, Department of Pediatrics, B.R.D. Medical College, Gorakhpur are present in person.

2. Shri  J.K. Tiwari has filed the 4th Action Taken report in compliance with the order dated 13.12.2006. He has also submitted progress report submitted by B.R.D. Medical College, Gorakhpur.

3. Shri K.C. Sinha has filed a report on behalf of the Central Government.

4. Shri Joyant Banerji has drawn attention of the Court on a report published in ''Hindustan Times' on 6.1.2007. In this report, the newspaper reports that 60 children died within two days, in the districts of Kushi Nagar and Padrauna suspected of Viral Encephalitis. The blood samples were sent to National Institute of Virology, Pune. The results, however, are still awaited. Dr. V.S. Nigam and Dr. M.K. Gupta inform the Court that the health department has taken preventive measures to check the disease from spreading any further and since thereafter the disease has abated.

5. Let a report be submitted with regard to these deaths. Shri Mahendra Bahadur Singh will request the National Institute of Virology, Pune to expedite the processing of the samples to identify the suspected virus, which caused these deaths.

6. In the previous order, State Government was requested not to retire those specialists, who are concerned with JE and other  VE programme. It is reported that the services of Dr. A.K. Rathi have been extended for a period of one year. It is now reported that some of the doctors, who are concerned and are  part of the JE programme, are being transferred.

7. The State Government may consider to defer all these transfers until the department develops the capacity to fight with JE and other VE in the  endemic areas.

8. This matter will be taken up on 31.1.2007  for consideration of the action taken reports submitted by the State Government and the Central Government. In the meantime, the State Government may continue with their efforts to arrange vaccine for preventing outbreak of the diseases of these  areas. List on 31.1.2007.




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