Supreme Court - Daily Orders
State Of U P vs Rishi Hospital And Diagnostic Centre ... on 1 August, 2016
Bench: V. Gopala Gowda, Adarsh Kumar Goel
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(s). 7206 OF 2016
(Arising out of S.L.P. (C) Nos. 31841 of 2014)
STATE OF U.P. AND ORS APPELLANT(S)
VERSUS
RISHI HOSPITAL AND DIAGNOSTIC CENTRE
PVT LTD AND ANR. RESPONDENT(S)
O R D E R
Leave granted.
Heard learned senior counsel for the parties. Our attention was drawn to the findings and reasons recorded in the impugned Order passed by the Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, in Writ Petition No. 417 (MB) of 2014 wherein the following observations have been made:
“Furthermore, the Chief Medical Officer has no authority to pass the order for constitution of committee to probe the complaint preferred by the complainant. Moreover, the report submitted by the Committee could not be taken as final inasmuch as even where Commissions are appointed under the provisions of the Commissions of Enquiry Act, 1952, the Signature Not Verified reports submitted have been held not to be Digitally signed by SUSHIL KUMAR sacrosanct....” RAKHEJA Date: 2016.08.06 10:29:42 IST Reason:
The said observation, according to the learned senior counsel for the appellants, is contrary to the 2 Order passed by this Court in the case of Indian Medical Association vs. Rajesh Kumar Srivastava & Ors. dated 30.04.2014 wherein this Court had extracted the Order passed by the learned Single Judge of the High Court in Civil Miscellaneous Contempt Petition No. 820 of 2002 issuing various directions, the relevant paragraph 4 from the said order is extracted hereinbelow:
“(4) On and from 1.5.2004, all those persons who have not furnished the information and obtained registration with the Chief Medical Officers of the District, shall be taken to be practicing unauthorisedly and that the Chief Medical Officer, shall scrutinize and forthwith report the matter to the Superintendent/ Senior Superintendent of Police of the District with information in this court to conduct raids and to seal the unauthorised premises/establishments. All the authorised persons/ establishments, who fail to obtain registration, will have liberty to apply only to this Court to explain the delay and to seek permission to continue with their medical practice/profession“ In view of the aforesaid findings reiterated by this Court in the earlier proceedings in the case of Indian Medical Association vs. Rajesh Kumar Srivastava & Ors., in our opinion, the Division Bench of the High Court erred in recording the finding that Chief Medical Officer is not empowered to look into the function of the hospital.
In the aforesaid circumstances, the impugned 3 order passed by the Division Bench of the High Court is set aside and the matter is remitted back to the High Court to examine afresh after hearing both the parties. It is open for the parties to urge all legal contentions available to them before the High Court, the same shall be considered and the High Court will pass appropriate order in accordance with law.
It is brought to our notice that pursuant to the Order passed by the High Court, the renewal of licence is granted by the Chief Medical Officer to the respondent. Since we have set aside the order passed by the Division Bench of the High Court, the State is at liberty to take such action as it deems necessary in the facts and circumstances of the case subject to any fresh order of the High Court.
The appeal is disposed of in the aforesaid terms.
........................J. (V. GOPALA GOWDA) ......................J. (ADARSH KUMAR GOEL) NEW DELHI, AUGUST 1, 2016 4 ITEM NO.45 (P.H.) COURT NO.8 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 31841/2014 (Arising out of impugned final judgment and order dated 25/02/2014 in WP No. 417/2014 passed by the High Court of Judicature at Allahabad) STATE OF U P AND ORS Petitioner(s) VERSUS RISHI HOSPITAL AND DIAGNOSTIC CENTRE PVT LTD AND ANR Respondent(s) (With appln.(s) for exemption from filing O.T. and permission to submit additional document(s) and office report) Date : 01/08/2016 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. P.N. Misra, Sr. Adv.
Mr. Abhishek Kumar Singh, Adv.
Mr. Abhisth Kumar, AOR For Respondent(s) Mr. Basava Prabhu S. Patil, Sr. Adv.
Mr. P. N. Puri, AOR Mr. Pritish Kumar, Adv.
Mr. Mahesh Srivastava, Adv.
Mr. Vaibhav M. Srivastava, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
(S. K. RAKHEJA) (SUMAN JAIN)
COURT MASTER COURT MASTER
(Signed order is placed on the file)