ORDER :

1. The petitioner, who is running Sundara Multispecialty Hospital (hereinafter referred to as ‘the Hospital’) has filed present writ petition challenging the order dated 04.05.2021 (Annexure P/1) passed by the Chief Medical and Health Officer, Rajnandgaon whereby the registration granted to the hospital for violation of Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Anugyapan Adhiniyam 2010 (For short “the Act, 2010”) which is also commonly known as “Nursing Home Act 2010” has been suspended for one month and it has been restrained to admit new COVID Patients for treatment for one month from the date of order.

2. The facts projected by the petitioner, in brief, are that the petitioner is running a super specialty hospital at Rajnandgaon. On 19.09.2020, the hospital was granted permission for providing treatment to 100 COVID patients out of which 60 beds are reserved for COVID patients and 40 beds are reserved for suspected COVID patients. The Chief Medical Officer and Health officer vide its memo dated 05.04.2021 has made dedicated COVID hospital to Petitioner Hospital. It was further directed by respondent No. 3 that out of 60 reserve beds 41 beds should have been oxygenated and 2 ventilators should be made available in the Hospital.

3. The hospital was inspected by the Committee on 27.4.2021 and following short-comings were pointed out by the committee:-

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2- fujh{k.k ds nkSjku dsl 'khV ,oa vafre fcfyax 'khV dk eqvk;uk fd;k x;k ftlesa iSFkkykWth VsLV] fgesVksykWth VsLV] ,Dl js] ;wŒ,lŒthŒ ,oa fljksykWth] buosLVhxs'ku dk fcy ejht dks pktZ fd;k x;k gSA blds vfrfjDr gkbZ Mªx ¼jsefMflfoj batsD'ku bR;kfn½ ds vfrfjDr vU; nokbZ;ksa dk pktZ Hkh ejht ls fy;k x;k gSA blds lkFk gh 'kklu }kjk dksfoM ejhtksa ds bZykt gsrq nj fu/kkZfjr fd;k x;k gS fdUrq vkidh laLFkk }kjk mDr vkns'k ds vogsyuk djrs gq, dksfoM ejhtksa ls vfrfjDr pktZ fy;k x;k gSA
3- fujh{k.k ds nkSjku vkids laLFkk varxZr jsefMflfoj batsD'ku dk Ø;&foØ; nLrkostksa dk la/kkj.k fu;ekuqlkj ugha ik;k x;k rFkk vkS"kf/k;ksa dk LVkWd fujad ik;k x;kA
4- Ø; nLrkost fjdkMZ ds vuqlkj batsD'ku Ø; esa cSp uEcj esa vfu;feRrk ik;h x;h gSA
vr% bl laca/k esa vki viuk tokc 24 ?kaVs esa v/kksgLrk{kjdrkZ vf/kdkjh dks vfuok;Z :i ls ÁLrqr djuk lqfuf'pr djsaA**

4. The petitioner has submitted its reply mainly contending that on 19.09.2020 petitioner has been granted permission for 100 bedded hospital for COVID out of which 60 beds for COVID patients and 40 beds for suspected COVID patients. The rates which have been shown in the letter dated 05.09.2020 issued by the Health and Family Welfare Department, Government of Chhattisgarh do not reflect about the rate of medicine or testing rate, and the office has not been informed about the rate for testing to be done and the medicine to be given to the patients. So far as Remdesivir injection is concerned, this has not been purchased by the hospital but a shop situated in the hospital premises is providing this Remdesivir injection. During the inspection, it has been found that there were 36 Remdesivir injections and after inspection, 7 have been found to be used and in the mid-night 288 Remdesivir injections were received by the medical store. Since, the injection is not purchased by the hospital, there is no irregularity in records maintained by the hospital, but due to technical problem in software, the irregularity has been reflected which has already been intimated to the inspection committee.

5. Thereafter, inspection committe