The court emphasized the necessity of adhering to natural justice principles in administrative actions, particularly the right to a fair hearing and access to relevant evidence.

ORDER :

1. The present Special Civil Application is filed praying for the following reliefs :-

“7. The petitioners therefore pray that this Hon’ble Court be pleased to issue a writ of mandamus/certiorari or a writ in the nature of mandamus/certiorari or any other appropriate writ, order or direction and be pleased:-

“A. To quash and set aside the impugned order dated 27.06.2020 (Annexure-1) passed by the Respondent No.1- AMC and be further pleased to direct the Respondent No.1- AMC to supply to the petitioners all the documents and the CCTV footage referred to and relied upon in the show cause notice dated 20.06.2020 and thereafter hear the petitioners and pass a fresh order;

B. To stay, pending the hearing and final disposal of the present Special Civil Application, the operation, implementation and execution of the impugned order dated 27.06.2020 (Annexure-1);

C. To pass such other and further orders as this Hon’ble Court deems fit and proper in the facts and circumstances of the case.”

2. The brief facts of the present case are as under:-

2.1 That, by the Government Resolution dated 15.05.2020, the respondent No.2 the Principal Secretary, Health and Family Welfare Department designated the petitioner No.1 as Covid Hospital with four beds and the respondent No.1 Municipal Commissioner also issued a requisition order dated 16.05.2020 under the provisions of the Epidemic Act and declared 42 hospitals as designated Covid-19 hospitals for isolation of Covid-19 cases. That, it was also stated in the said order that the private hospitals designated as Covid-19 hospitals shall provide 50% of the total number of beds in such hospitals for the patients to be referred to by the Ahmedabad Municipal Corporation (hereafter referred to as “AMC” for short) and rest 50% shall be admitted and treated privately. The petitioner No.1 hospital was amongst 42 designated Covid-19 hospitals. That, by the communication dated 18.05.2020, the petitioner No.1 hospital requested to reconsider and revoke the decision for treating Covid-19 patients at Rajasthan Hospitals and permit the Rajasthan Hospitals to continue giving services to various general and superspeciality patients. That thereafter, a Memorandum of Understanding came to be singed by the petitioner No.16 along with the respondent No.1 AMC. As per the said MOU, the petitioner No.1 hospital was to provide 50% of the total 24 sanctioned beds in such hospital for patients to be referred to by the AMC and rest 50% were to be admitted and treated privately.

2.2 That, on 18.06.2020 at around 8.00PM, the Deputy Health Officer of the respondent No.1 AMC intimated to the petitioner hospital that one patient requiring ventilator is to be transferred in ICU on wheels to Rajasthan Hospital. The said patient was received by the respondent No.1 and it was found that the patient’s vitals were not recordable and there was no response to deep painful stimulation. While the emergency medical team of the petitioner No.1 hospital was attending the patient who was on the stretcher, the family members and relatives were shouting and using abusive language, due to which, it was difficult for the medical team to handle the patient. The patient could not be revived and was declared dead at 9.07PM. The family members and relatives of the patient were not providing the details of the patient and did not consent for postmortem of the deceased. The petitioner No.1 set up an inquiry commission on 19.06.2020 for an in-house inquiry in respect of the said incident and the said incident was also widely reported in the print media.

2.3 That, the respondent No.1 AMC issued a show cause notice dated 20.06.2020 to the petitioners and called upon the noticees to show cause w