2004 Supreme(Del) 156
High Court Of Delhi
AJIT GUPTA - Appellant
Versus
UNION OF INDIA - Respondent
W.P.(C.) 749 of 2004
Decided On : 03/03/2004
ANJANA GOSAIN, NIRAJ JAIN, SANDIP SETH
Headnote:Constitution of India, 1950 - Article 226 — Withdrawal of credit facility given to the Doctor on the panel of Airport Authority of India — Allegation of abusing of facility — Sufficient material including vigilance report available for taking the decision in question — Show cause notice issued and reply considered before taking impugned decision — Decision making not vitiated — Held that writ petition not maintainable.
( 1 ) PETITIONER, Dr. Ajit Gupta, sole proprietor of Sunil Nursing Home, has filed the present writ petition for quashing of letter dated 13. 1. 2004 (Anneuxre P-1 ). By the said letter, respondent No. 2-Airport Authority of India (in short "authority") notified the petitioner that upon considering the reply dated 30. 12. 2003, to the show cause notice, it has been decided that the facility of credit letter, being given by various units/divisions of respondent No. 2 at Delhi to the Nursing Home, would stand withdrawn with immediate effect. The Nursing Home of the petitioner had been empanelled by respondent No. 2-Authority for indoor treatment of its employees. It was one of the 61 hospitals and Nursing Homes, covered by the scheme of empanelment.
( 2 ) PETITIONER earlier had filed CW. NO. 5048/2003, titled Dr. Ajit Gupta Vs. Union of India and Anr. , for quashing of Memorandum No. D-AA/nad/admn/gs-III/02 dated 4. 7. 2003, by which various units and divisions of Authority were notified that the credit facility extended to the petitioner was withdrawn with immediate effect and no credit letter is to be given to employees for taking indoor treatment at the said Nursing Home. Petitioner had assailed the said decision as having been taken behind his back without affording an opportunity to show cause notice against the proposed action. The said writ petition was disposed of by my learned Predecessor, vide order dated 17. 12. 2003, directing the respondent to issue a show cause notice within a week. Petitioner was directed to file a reply thereto within a week and respondent was required to take a decision thereon in accordance with law within two weeks. In the event, show cause notice dated 23. 12. 2003, was duly issued by respondent No. 2. Petitioner gave the reply dated 30. 12. 2003. Respondent No. 2 vide the impugned communication dated 13. 1. 2004 (Annexure P-1), notified the petitioner that after considering the reply, it has been decided by the Competent Authority that the facility of credit letter being given by various units of respondent-Authority to M/s Sunil Hospital and Nursing Home, stands withdrawn with immediate effect.
( 3 ) BEFORE going to the grounds on which the petitioner assails the impugned order, it would be appropriate to briefly notice the case of the respondent, as set out in the show cause notice dated 23,12,2003 and the petitioner s case, as set out in reply dated 30. 12. 2003.
( 4 ) RESPONDENT-AUTHORITY s case is that during the currency of empanelment, cases of over charging/inflated bills and other unfair practices had been observed by it on the part of the petitioner. These are reproduced as under, for facility of reference:-
A) The medical claims of the staff (posted at IGIA) and their family members were examined for a period between June-August 2002 and it was observed that almost all the bills were inflated and charges were made in excess. After deducting the inadmissible amount to the tune of Rs. 32,758/-, the balance was paid to the hospital. The details of persons and amount deducted from the bills are given in Annexure-1.
(B) The medical records of employees (post at IGIA) and their family members, who took medical treatment from M/s. Sunil Nursing Home during June-August, 2002 were scrutinized and it was found that patients had been admitted with minor ailments which necessarily may not be requiring hospitalization. The details of patients and disease etc. , are given in Annexure-2.
(C) The bills in respect of 22 employees (post at IGIA) and their family members listed in Annexure-2 have also been examined and it was found that bills are inflated and/or excess charged and the amount had been deducted from almost every bill. The details of which are given in Annexure-3.
(D) It is seen from the name and designation of the patients that almost all of them are belonging to Class-IV (Group d ) employees like Safaiwala, Belder etc. , who are generally not much educated. The hos