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40. The non-availability of the Radiologist in the clinic has been explained by the Petitioner as owing to the fact that her clinic was in fact non-operational. It was only at the time of re-inspection of the clinic on 13th April 2009, that this deficiency was pointed out. Again for this kind of a deficiency, a time limit could be given to the Petitioner to rectify, failing which the Petitioner No.2 would be visited with the consequences.

41. It needs to be noticed at this stage that for violations of the provisions of the PNDT Act, penal actions have been stipulated under Sections 23 and 25 of the PNDT Act. These are separate criminal proceedings independent of the action that can be taken under Section 20 of the PNDT Act. However, this Court is only concerned with the actions taken under Section 20 and not to the criminal proceedings which would be decided by an appropriate court. Non provision of a separate USG Room