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2021 Supreme(Jhk) 710

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Dr. Debashish Chakraborty – Appellant
Versus
The State of Jharkhand – Respondent
W.P. (C) No.4452 of 2021
Decided on : 20-12-2021

Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajeev Kumar, Advocate
For the Respondent: Mr. Mohan Kumar Dubey, Adv

Headnote:

Clinical Establishments (Registration & Regulation) Act, 2010 - Jharkhand State Clinical Establishments (Registration and Regulation) Rules, 2013 - Rule 9 - Quash of Letter - Registration of Nursing home – Suspension - Quashing of letter whereby registration of the nursing home of petitioner has been suspended under provisions of Rules, 2013 with effect from 20th October, 2021 without affording opportunity of hearing - Held, Considering that District Registering Authority, Dhanbad is presently in seisin of matter, as has been submitted by learned counsel for respondents, this Court is not inclined to entertain writ petition on merit at this stage and same is disposed of directing District Registering Authority, Dhanbad to expedite hearing being conducted under Rule 9 of Rules 2013 and after providing due opportunity of hearing to the petitioner/his representative to pass final order within four weeks from date of receipt/production of a copy of this order – Order accordingly.

JUDGMENT :

1. At the request of learned counsel for the petitioner, the defect(s), as pointed out by the office, is ignored for the present.

2. The present writ petition has been filed for quashing letter no.1040/DHS dated 20th October, 2021 (Annexure-5 to the writ petition), whereby the registration of the nursing home of the petitioner, namely, “Chakraborty Nursing Home, Devraj Complex, Dhansar” has been suspended under the provisions of the Jharkhand State Clinical Establishments (Registration and Regulation) Rules, 2013 (hereinafter to be referred as ‘the Rules, 2013’) with effect from 20th October, 2021 without affording opportunity of hearing.

3. The petitioner has taken several grounds in the writ petition to assail the impugned letter dated 20th October, 2021, suspending the registration of the petitioner’s nursing home, whereas the same have been refuted in the counter affidavit filed on behalf of the respondent nos.4 and 5 justifying the impugned action taken against the petitioner’s nursing home.

4. Be that as it may. Mr. Mohan Kumar Dubey, learned A.C. to A.G., appearing on behalf of the respondents, on instruction, submits that pursuant to issuance of the impugned letter dated 20th October, 2021, the District Registering Authority, Dhanbad is proceeding further in the matter by affording opportunity of hearing to the petitioner, as provided under rule 9 of the Rules, 2013.

5. Mr. Rajeev Kumar, learned counsel for the petitioner, on instruction, submits that the petitioner has already filed his show cause affidavit before the District Registering Authority, Dhanbad and hence the said authority may be directed to expeditiously take appropriate decision in terms with the provisions of the Clinical Establishments (Registration & Regulation) Act, 2010 and the Rules, 2013.

6. Considering that the District Registering Authority, Dhanbad is presently in seisin of the matter, as has been submitted by the learned counsel for the respondents, this Court is not inclined to entertain the writ petition on merit at this stage and the same is disposed of directing the District Registering Authority, Dhanbad to expedite the hearing being conducted under Rule 9 of the Rules 2013 and after providing due opportunity of hearing to the petitioner/his representative to pass final order within four weeks from the date of receipt/production of a copy of this order.

7. It goes without saying that the petitioner shall cooperate the District Registering Authority, Dhanbad in passing final order in the matter within the aforesaid time frame.

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