Allowed

Dr. R.K. Jaggi v. State of U.P. Thru Principal Secy. and Others

Allahabad HC11 Dec 2018WRIC/27544/2008

Case brief

AI extract

What is this about?

In this disposed writ petition, the Court found the matter infructuous due to irony regarding missing affidavits and subsequently set aside the orders suspending and cancelling the petitioner's nursing home registration on grounds of alleged non-compliance with Medical Termination of Pregnancy regulations.

What did the court decide?

The orders dated 26/27.05.2008 and 30.05.2008 setting aside the suspension and cancellation of the Nursing Home registration were set aside as the writ petition was found to be infructuous.

Dr. R.K. Jaggi Vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2018)

¶1

Court No. - 39

¶2

Case :- WRIT - C No. - 27544 of 2008

¶3

Petitioner :- Dr. R.K. Jaggi Respondent :- State Of U.P. Thru' Principal Secy. & Others Counsel for Petitioner :- Swapnil Kumar Counsel for Respondent :- C.S.C.

¶4

Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.

¶5

Heard Shri Swapnil Kumar, learned counsel for the petitioner and learned standing counsel for the State - respondents.

¶6

The counter and rejoinder affidavits, which are stated to have been filed in the Registry in 2008 and 2011 respectively, are not on record.

¶7

Let the matter be placed before the Registrar General for holding an appropriate inquiry in the matter and taking action against the Officer concerned for not ensuring that the counter and rejoinder affidavits are on record when the case is taken up.

¶8

We have taken attested copies of the counter and rejoinder affidavits from the counsel for the petitioner.

¶9

The petitioner, in the writ petition, is seeking quashing of the impugned orders dated 26/27.05.2008 and 30.05.2008. Vide order dated 26/27.05.2008, the registration of Nursing Home, being run by the petitioner, known as "Amit Jaggi Memorial Nursing Hospital" at Vibhav Nagar, City & District - Agra, has been suspended; whereas, vide order dated 30.05.2005, the registration of the Nursing Home has been cancelled, on the ground of non-submission of registration of Medical Termination of Pregnancy (MTP).

¶10

According to the petitioner, Dr. Nita Jaggi is his wife. It is stated that a team of Medical Officers, comprising of Dr. Vidha Ram Vyas (Additional Chief Medical Officer) and Bharat Sonkar (Deputy Chief Medical Officer), visited the Nursing Home, where it is stated that Dr. Nita Jaggi admitted before them that she was performing medical termination of pregnancy. It is, thereupon, that the impugned order passed.

¶11

The contention of the petitioner is that at that time, the Nursing Home did not have any registration or licence for performing of Medical Termination of Pregnancy (MTP), but subsequently, the licence and registration has been granted on 23.07.2008, as

¶12

stated in paragraph no. 4 of the rejoinder affidavit. The case of the petitioner further is that the entire episode has been motivated by mala fides and manufactured for the reason that a sting operation was conducted by Voice of India Television Company owned by Sumit Mittal and Madhur Mittal, against whom a first information report has been lodged by the Agra Gymkhana Club and Farm House Owners Welfare Association, of which the petitioner is President and the allegation was that the Society had failed to develop the plots sold to the members of the Society and therefore, it was a case of personal enmity.

¶13

The case of the petitioner is that even before the sting operation and raid on the Nursing Home, the petitioner had already applied for licence and registration under the provisions of Medical Termination of Pregnancy Act, 1971 to carry out Medical Termination of Pregnancy and that was granted on 23.07.2008 itself. It is also informed by the learned counsel for the petitioner that the Nursing Home is now functioning ever since then.

¶14

In the circumstances, the writ petition has become infructuous and therefore, we set aside the orders dated 26/27.05.2008 and 30.05.2008.

¶15

The writ petition is, accordingly, disposed of.

¶16

Order Date :- 11.12.2018 Amit Mishra

Dr. R.K. Jaggi v. State of U.P. Thru Principal Secy. and Others

Case brief

What is this about?

What did the court decide?

Dr. R.K. Jaggi v. State of U.P. Thru Principal Secy. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

The Commis. Court Bar Asso. Gorakhpur Vs State of U.P and Others

M/S. Sahkari Press Zila Sahakari Vikas Sangh Ltd. and Others Vs Deputy Director/Recovery Officer and Others

M/S Guru Kripa Khand Bhandar and Another Vs State of U.P. and Others

Mohd. Yamin and Another Vs the State of U.P. and Others

M/S Goodwill Lime Works and Another Vs State of U.P. and Others

Nanak Singh and Others Vs State of U.P. and Another