Andhra Pradesh High Court - Amravati
M/S. Sraddha Hospitals, vs The State Of Andhra Pradesh, on 27 July, 2021
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
& IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (O08: (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JULY XS . TWO THOUSAND AND TWENTY ONE " :PRESENT: THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 14495 OF 2021 Between: 1. M/s. Sraddha Hospitals, 14-37-45, Collector Office Junction, Maharanipeta Visakhapatnam-530002 Represented by its Sole Proprietor. 2. Dr.P. Pradeep, Sole Proprietor, 14-37-45, Collector Office Junction, Maharanipeta Visakhapatnam-530002 Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Medical, Health and Family Welfare Department, Secretariat, Velagapudi, Amaravaii. 2. The Chairman, Disciplinary Committee, Dr. YSR Aarogyasri Health Care Trust, Guntur. The District Medical Health Officer, Visakhapatnam. District Coordinator, Dr. YSR Aarogyasri Health Care Trust, Visakhapatnam. &» O3 'Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances Stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in Lr.No. Dr. YSR AHCT/EDC/1726/2019, dated 05.07.2021 issued by the énd Respondent as illegal, irregular, irrational, without authority of law and violative of principles of Natural Justice and offends articles 14, 19, 21 and 300-A of Constitution of india and consequently quash the same; IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of proceedings in Lr.No. Dr. YSR AHCT/EDC/1726/2019, dated 05.07.2021 issued by the 2nd Respondent, pending disposal of the Writ Petition No. 14495 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the argurnents of SRLCH.DHANAMJAYA Advocate for the Petitioners and of learned GP for Medical & Health for Respondent Nos.1 & 3 and Sri A.\V.S.Rama Krishna, learned Standing Counsel for respondent Nas.2 & 4, the Court made the following. ORDER:
The 2nd respondent by proceedings bearing Lr.No.Dr.YSR AHCT/EDC/1726/2019, dated 05.07.2021 had levied a penalty of Rs.35,15,850/- and another penalty of Rs.3,90,650/- and also the scheme and service contract agreement between the Dr.YSR Arogyasri Health Care Trust and the petitioners' hospital was suspended for three months.
Sri Ch.Dhanamjaya, learned counse! for the petitioners submits that there has been a clear violation of principles of natural justice in as much as the petitioners were not served with the documents on the basis of which the proceedings had been initiated and further the petitioners were also not given an adequate opportunity to set out its case before the impugned order was passed.
Sri A.V.S.Rama Krishna, learned Standing Counsel submits that he would be filing vakalat for respondents 2 and 4 and seeks time to file a counter in the matter.
A perusal of the order as well as the material placed before this Court shows that there is a prima facie violation of the principles of natural justice as the petitioners do not appear to have been served with the details of the complaints nor were the petitioners given an adequate opportunity to rebut the said complaint.
In the circumstances, the impugned order shall remain suspended for a period of six weeks.
Post on 16.08.2021.
SD/-V.SATYANARAYANA ASSISTANT REGISTRAR TRUE COPY// ee For ASSISTANT REGISTRAR To, J. The Principal Secretary to Government, Medical, Health and Family Welfare~ Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati.
2. The Chairman, Disciplinary Committee, Dr. YSR Aarogyasri Health Care Trust, Guntur.
The District Medical Health Officer, Visakhapatnam. . The District Coordinator, Dr. YSR Aarogyasri Health Care Trust, Visakhapatnam. (1 to 4 by RPAD) One CC to SRLCH._DHANAMJAYA Advacate [OPUC] One CC to Sri A.V.S.Rama Krishna, Standing Counsel (QPUC) Two CGs to GP for Medical & Health, High Court Of Andhra Pradesh. [OUT] One spare copy Aw OM OH SRL _ HIGH COURT RRRJ DATED:27/07/2021 NOTE: POST ON 16.08.2027 ORDER WP.No.14495 of 2021 INTERIM SUSPENSION