Uttarakhand High Court
M/S Kirloskar Technologies (P) Ltd vs State Of Uttarakhand And Others on 15 May, 2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
MS. JUSTICE RITU BAHRI, C.J.
AND
MR. JUSTICE RAKESH THAPLIYAL, J.
15TH MAY, 2024
WRIT PETITION (M/B) NO. 164 OF 2024
M/s Kirloskar Technologies (P) Ltd. .....Petitioner.
Versus
State of Uttarakhand and others. ..Respondent.
Counsel for the petitioner : Mr. Sagar Kothari, learned counsel.
Counsel for the respondents : Mr. P.C. Bisht, learned Additional
Chief Standing Counsel for the State.
Upon hearing the learned Counsel, the Court
made the following
JUDGMENT :(per: Ms. Ritu Bahri, C.J.) Dr. Ajay Kumar, Officer Incharge, BEMMP Programme, NHM Uttarakhand is present in the Court today. He has produced the original record to show that there are nine letters, which are part of the official record, which were received from the CMO, Nainital; CMO, Dehradun; MO I/C PHC Mori Uttarkashi; MO I/C PHC Paniyala, Haridwar; Pharmacist PHD Dada Jalalpur, Haridwar; MS CHC Laksar, Haridwar; MS CHC Badkot, Uttarkashi; PMS HMG District Hospital, Haridwar and; District Cold Drain Technician O / O Chief Medical Officer, Haridwar, but these letters were never sent to the petitioner, along with the Notice dated 14.03.2024 (Annexure-4).
2. Since these letters were never sent to the petitioner, he had no occasion to examine and apply his mind as to how he can make improvement with respect to the complaints.
3. Keeping in view of the above facts, the impugned order dated 2.05.2024 (Anexure-9) is being set aside. Liberty is given to the respondents to give a fresh notice to the petitioner along with all the letters, which reflect the deficiencies committed by the petitioner, apart from these nine letters, which are part of this file and thereafter, the petitioner will be given 30 days' time as per Clause 16 of the Agreement dated 08.12.2022 (Annexure-2) to provide a programme how he will improve these deficiencies and thereafter a fresh order will be passed as per law.
4. The writ petition stands allowed.
______________ RITU BAHRI, C.J.
__________________ RAKESH THAPLIYAL, J.
Dt: 15th May, 2024 Rathour 2