Disposed

Dr. Siddhartha Patel @ Dr. Siddhartha Kumar v. State of U.P. Thru. Prin. Secy. Home, Lko and Another

Allahabad HC1 Mar 2024/576/2024

Case brief

AI extract

What is this about?

This criminal appeal seeking to quash a summons order was disposed of without adjudication on merit, with the appellant directed to file a bail application under Section 438 Cr.P.C. within six weeks. The Court observed widespread non-compliance with the Clinical Establishments Act, 2010 in the State and directed the Additional Chief Secretary to revisit Government Letters that allegedly contradict

What did the court decide?

Appellant directed to file bail application under Section 438 Cr.P.C. within six weeks; no coercive action to be taken during this period.

Dr. Siddhartha Patel @ Dr. Siddhartha Kumar Vs… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:19219

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 576 of 2024 Appellant :- Dr. Siddhartha Patel @ Dr. Siddhartha Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko And Another Counsel for Appellant :- Mohammad Alishah Faruqi,Mohd. Akram Siddiqui Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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1. In pursuance of earlier order, Dr. A.P. Singh, Additional Chief Medical Officer, Lucknow is present and placed Government Letters dated 06.12.2021, 22.11.2021 and 07.01.2022 which have been taken on record.

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2. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

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3. The present appeal has been filed with a prayer to quash summoning order dated 28.07.2023 passed by Special Judge, SC/ST Act, Lucknow in Case No.2750/2023 arising out of Case Crime No.592/2022 under Sections 504 I.P.C. and Sections 3(1)(Dha) of SC/ ST Act, Police Station Mohanlalganj, District Lucknow.

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4. Learned counsel for the appellant submitted that appellant is a proprietor of M/s Sigma Hospital and Trauma Centre, Raebareli Road, Mohanlalganj, Lucknow duly registered in the office of Chief Medical Officer, Lucknow vide Registration No. RMEE2231778 and Certificate No.CMEE2376299 dated 22.06.2023. He further submitted that as per the prosecution case, the complainant of the present case brought his wife to the aforesaid hospital for her treatment and adequate treatment was provided to her but due to condition of his

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wife, complainant was advised to sign certain forms but when he refused, the appellant started skirmishing and demanded huge money. It is also alleged therein that when the complainant expressed his inability, he was beaten by the appellant and his associates in the hospital. He further submitted that the charge-sheet was submitted by the Investigating Officer in the most mechanical manner.

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5. Learned A.G.A. vehemently opposed the submissions advanced on behalf of the appellant and submitted that the charge-sheet has been filed after detailed investigation and the defence of the appellant can be considered by the trial court. However, he did not dispute this fact that the hospital of the appellant i.e. M/s Sigma Hospital and Trauma Centre, Raebareli Road, Mohanlalganj, Lucknow is registered in the office of Chief Medical Officer, Lucknow as Registration No. RMEE2231778 vide the Certificate No.CMEE2376299 dated 22.06.2023 and it is valid upto 30.04.2024.

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6. At this stage, learned counsel for the appellant submits that he does not want to press this appeal on merit and he confines his prayer only to the extent that appellant may be permitted to move bail application under Section 438 Cr.P.C. before the court concerned and suitable directions may be issued for the same being heard and decided expeditiously, in accordance to law.

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7. Learned A.G.A. has no objection to the aforesaid prayer.

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8. Considering the arguments of learned counsel for the appellant, learned A.G.A., contents of F.I.R., contents of appeal as well as other relevant documents, it cannot be said that no offence is made out

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against the appellant and all the submissions made at the bar are related to the disputed questions of fact which cannot be adjudicated upon by this Court in proceedings under Section 482 Cr.P.C.

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9. At this stage, only prima-facie case is to be seen in the light of the law laid down by Hon'ble Supreme Court in the cases of "R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843".

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10. A seven judges Bench of this Court in the case of "Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) and in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017 have given various directions to criminal Courts for expeditious disposal of Bail applications. The ratio of above mentioned decisions is quite clear that, in the backdrop of Article 21 of the Constitution of India as the personal liberty of a person is at stake, the bail application should be decided, expeditiously.

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11. In the recent judgment, the Hon'ble Supreme Court in SUO MOTO WRIT (CRL) No. (S) 1 of 2017 In RE: To issue certain guidelines regarding inadequacies and deficiencies in criminal trials vs. The State of Andhra Pradesh & Ors. vide its judgment and order dated 20.04.2021 has observed the common deficiencies which

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occurred in the proceedings of the criminal cases and approved "The Draft Rules of Criminal Practice 2021" which is the part of the judgment in Chapter V Rule 17 of aforesaid Rules that the application for bail in non-bailable cases must ordinarily be disposed off within a period of 3 to 7 days from the date of first hearing. If the application is not disposed off within such period, the Presiding Officer shall furnish reasons thereof in the order itself.

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12. Further, as the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021 has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific directions need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex Court.

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13. In backdrop of aforesaid decisions and keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the appellant, the appeal is disposed of with a direction to the court concerned that if the appellant applies for bail under Section 438 Cr.P.C. before the court concerned within six weeks from today, his prayer for bail shall be considered and decided expeditiously in accordance with law.

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14. For a period of six weeks from today or till the appellant applies for bail under Section 438 Cr.P.C., whichever is earlier, no coercive action shall be taken against the appellant in the aforesaid case.

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15. However, before parting with the judgment, following facts which have been brought into the notice of this Court, need consideration.

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16. A perusal of the registration certificate, Government letters dated 06.12.2021, 22.11.2021 and 07.01.2022, Clinical Establishments (Registration and Regulation) Act, 2010, It is evident that all the clinical establishment as defined in Section 2(C) of the Clinical Establishment (Registration and Regulation) Act, 2010 (hereinafter referred to as 'Act, 2010'), are to be registered in accordance with the provisions of Chapter 3 of the Act, 2010. Section 11 of the Act, 2010 clearly provides that no person shall run a clinical establishment unless it has been duly registered in accordance with the provisions of the Act, 2010 and clinical establishment includes all hospitals having single doctor who runs a clinic. Chapter 5 of Act, 2010 provides for preparation and maintenance of the register of clinical establishments and also states that every State Government shall maintain digital platform related to registration and details of the clinic establishment.

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17. It is evident from the register of the hospital in question that the owner of the aforesaid hospital is Dr. Siddhartha Kumar and details of two doctors, namely, Siddhartha Kumar (MBBS-MS, Orthopedist) and his wife, namely, Mrs. Garima Chaudhary (MBBS) along with two para-medical staff, namely, Deepu Verma (Diploma in Pharmacy) and Beena Yadav (GNM) are also shown as they are engaged in the hospital, but their other details such as AADHAR Card number and phone numbers are not mentioned in the register. The aforesaid Government Letter dated 06.12.2022 states that the provisions of Act, 2010 will apply in registration of the clinical establishments.

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However, in Para 2(7) of the subsequent Letter dated 22.11.2021, some relaxation has been given to clinical establishments having 30 beds. Thereafter, vide Government Letter dated 07.01.2022, relaxation is extended to the hospitals having 50 beds. Aforesaid three Government Letters are partly in contrary to the provisions of the Act, 2010, Clinical Establishments (Central Government) Rules, 2012 (hereinafter referred to as 'Rules, 2012) as well as provisions of U.P. Establishments (Registration and Regulation) Rules, 2016 (hereinafter referred to as 'Rules, 2016).

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18. Government letters dated 06.12.2021, 22.11.2021 and 07.01.2022 as well as Section 2(C), 11, 37, 38, 39, 40, 41 and 45 of Act, 2010 are reproduced as under:

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Government letters dated 06.12.2021, 22.11.2021 and 07.01.2022:-

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" egRoiw.kZ

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la[;k&55@ikap&6&2022

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isz"kd] vfer eksgu izlkn] vij eq[; lfpo] mRrj izns'k 'kkluA

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lsok esa] 1- egkfuns'kd] fpfdRlk ,oa LokLF; lsok;sa] 2- leLr ftykf/kdkjh] mRrj izns'k y[kuÅA mRrj izns'kA 3- leLr eq[; fpfdRlkf/kdkjh] mRrj izns'kA fpfdRlk vuqHkkx&6 y[kuÅ% fnukad 07 tuojh] 2022 fo"k;& The Clinical Establishment (Registration And Regulation) Act, 2010 ds vUrxZr uSnkfud LFkkiuksa ds jftLVªhdj.k ds lEcU/k esaA

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egksn;]

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mi;qZDr fo"k; ij fpfdRlk vuqHkkx&6 ds 'kklukns'k la[;k&2777@ikap&6&2021] fnukad 22-11-2021 ,oa 'kklukns'k la[;k&2777@ikap&6&2021] fnukad 06-12-2021 dk lUnHkZ xzg.k djus dk d"V djsa] ftlds }kjk The Clinical Establishment (Registration And Regulation) Act, 2010 ds vUrxZr uSnkfud LFkkiuksa ds jftLVªhdj.k ds lEcU/k fn'kk&funsZ'k fuxZr fd;s x;s gSA

¶40

2 mi;ZqDr fo"k; ij eq>s ;g dgus dk funs'k gqvk gS fd iz'uxr izdj.k esa egkfuns'kd] fpfdRlk ,oa LokLF; lsok;sa dh v/;{krk esa xfBr lfefr dh laLrqfr ij lE;d fopkjksijkUr ;g fu.kZ; fy;k x;k gS fd fQygkWy 50 'kS;~;k ls de {kerk okys fpfdRlky;ksa@uSnkfud LFkkiuksa dk iathdj.k orZeku esa py jgh O;oLFkk ds vuqlkj tkjh jgsxkA

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3- 50 ;k mlls vf/kd 'kS;~;k ds fpfdRlky;ksa@uSnkfud LFkkiuks dk jftLVªhdj.k The Clinical Establishment (Registration And Regulation) Act, 2010

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ds vURkxZr fu/kkZfjr ekudksa ds vuqlkj fd;k tk;sxkA

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d`i;k rnuqlkj vxzsrj dk;Zokgh djus dk d"V djsaA

Hkonh;

viBuh;

7-1-22

¼vfer eksgu izlkn½

vij

eq[; lfpoA

la[;k& ¼1½@ikap&6&2022] rn~fnukadA

¶52

izfrfyfi fuEufyf[kr dks lwpukFkZ ,oa vko';d dk;Zokgh gsrq

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izsf"kr %&

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1- vij eq[; lfpo] eq[;ea=h] mRrj izns'k 'kkluA

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2- vij eq[; lfpo] vk;q"k foHkkx] mRrj izns'k 'kkluA

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3- vij eq[; lfpo] Je foHkkx] mRrj izns'k 'kkluA

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4- izeq[k lfpo] fpfdRlk f'k{kk foHkkx] m0iz0 'kkluA

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5- leLr e.Myk;qDr] mRrj izns'kA

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6- izeq[k LVkWQ vkWfQlj] eq[; lfpo] m0iz0 'kkluA

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7- vf/k'kklh funs'kd] ;w0ih0Vh0,l0;w0 y[kuÅA

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8- egkfuns'kd] fpfdRlk f'k{kk ,oa izf'k{k.k] m0iz0A

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9- funs'kd] vk;qosZn] m0iz0 y[kuÅA

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10- funs'kd] gksE;ksiSFkh] m0iz0] y[kuÅA

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11- funs'kd ¼fpfdRlk mipkj½ fpfdRlk ,oa LokLF; lsok egkfuns'kky;] mRrj izns'k y[kuÅA

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12- leLr e.Myh; vij funs'kd] fpfdRlk LokLF; ,oa ifjokj dY;k.k] mRrj izns'kA

13- xkMZ QkbyA

vkKk ls

g0 viBuh;

¼izk.ks'k pUnz 'kqDy½

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la;qDr lfpoA

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l[;ka &2777@ikpa &6&2021

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isz"kd] vfer eksgu izlkn] vij eq[; lfpo] fpfdRlk ,oa LokLF; mRrj izns'k 'kkluA lsok esa 1&egkfuns'kd] fpfdRlk ,oa LokLF; lsok,] 2&leLr ftykf/kdkjh] mRrj izns'k y[kuÅA mRrj izns'kA 3&leLr eq[; fpfdRlkf/kdkjh] mRrj izns'kA fpfdRlk vuqHkkx&6 y[kuÅ% fnukad 06 fnlEcj 2021 fo"k;& The Clinical Establishment (Registration And Regulation) Act, 2010 ds vUrxZr uSnkfud LFkkiuksa ds jftLVªhdj.k ds lEcU/k esaA

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egksn;]

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mi;qZDr fo"k; ij 'kklu ds vkns'k la0&2777@ikap&6&2021] fnukad 22- uoEcj] dk lUnHkZ xzg.k djsa] ftlds }kjk The Clinical Establishment (Registration And Regulation) Act, 2010 ds vUrxZr uSnkfud LFkkiuksa ds jftLVªhdj.k ds lEcU/k fn'kk&funsZ'k fuxZr fd;s x;s gSA mDr 'kklukns'k ds izLrj&7 esa ;g mYys[k gS fd 30 csM ls de {kerk okys uSnkfud LFkkiuksa dh ifjfLFkfr;ksa dks ns[krs gq, fQygky mudk jftLVªhdj.k tu'kfDr] vfXu'keu rFkk ck;ksesfMdy osLV vf/kfu;e ls lEcfU/kr ekudksa ds iw.kZ gksus ij fd;k tk;sxkA 2 bl lEcU/k esa eq>s ;g Li"V djus dk funs'k gqvk gS fd 30 'kS;;k ls de {kerk okys uSnkfud LFkkiuka ds lEcU/k esa iwoZ O;oLFkk esa visf{kr s 'krksZ ,oa vkSipkfjdrkvksa ds iw.kZ gksus ij] The Clinical Establishment (Registration And Regulation) Act, 2010 ds vUrxZr mudk jftLVªhdj.k iwoZ O;oLFkk esa visf{kr 'krksZ@vkSipkfjdrkvksa ds iw.kZ gksus ij fd;k tk;sxkA 30 o 30 ls vf/kd 'kS;~;k;qDr fpfdRlky;ksa ds jftLVªhdj.k ds laca/k esa jk"Vªh; ifj"kn }kjk fodflr lHkh ekud ykxw gksxsaA]

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d`i;k mijksDrkuqlkj le;c} #i ls vko';d dk;Zokgh lqfuf'pr djrs gq, uSnkfud LFkkiuksa dk jftLVªhdj.k djkus dk d"V djsaA Hkonh; g0 viBuh; 4-12-21 ¼vfer eksgu izlkn½ vij eq[; lfpoA

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l[;ka & 2777¼1½@ikpa &6&2021] rn~fnukdAa

¶78

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izfrfyfi fuEufyf[kr dks lwpukFkZ ,oa vko';d dk;Zokgh gsrq izsf"kr %&

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1- vij eq[; lfpo] eq[;ea=h] m0iz0 'kkluA

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2- vij eq[; lfpo] vk;q"k foHkkx] m0iz0 'kkluA 3- vij eq[; lfpo] Je foHkkx] m0iz0 'kkluA 4- izeq[k lfpo] fpfdRlk f'k{kk foHkkx] m0iz0 'kkluA 5- leLr e.Myk;qDr] m0iz0A 6- izeq[k LVkQ vkfQlj] eq[; lfpo] m0iz0 'kkluA 7- vf/k'kklh funs'kd] ;w0ih0Vh0,l0;w0 m0iz0 y[kuÅA 8- egkfuns'kd] fpfdRlk f'k{kk ,oa izf'k{k.k] m0iz0A 9- funs'kd] vk;qosZn] m0iz0 y[kuÅA 10- funs'kd] gksE;ksiSFkh] m0iz0] y[kuÅA 11- funs'kd mipkj egkfuns'kky;] fpfdRlk ,oa LokLF;A 12- leLr e.Myh; vij funs'kd] fpfdRlk LokLF; ,oa ifjokj dY;k.k foHkkx m0iz0 13- xkMZ QkbyA vkKk ls

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g0 viBuh;

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¼izk.ks'k pUnz 'kqDy½

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la;qDr lfpoA

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l[;ka &298@2021@2777@ikpa &6&2021

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vfer eksgu izlkn] vij eq[; lfpo] m0iz0 'kkluA lsok esa ¼1½ egkfuns'kd]

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fpfdRlk ,oa LokLF; lsok;sa] ¼2½&leLr ftykf/kdkjh] ¼3½ leLr eq[; fpfdRlkf/kdkjh] m0iz0 y[kuÅA mRrj izns'kA mRrj izns'kA fpfdRlk vuqHkkx&6 y[kuÅ% fnukad 22 uoEcj] 2021 fo"k;%& The Clinical Establishment (Registration And Regulation) Act, 2010 ds vUrxZr uSnkfud LFkkiuksa ds jftLVªhdj.k ds lEcU/k esaA

¶88

egksn;]

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vki voxr gS fd The Clinical Establishment (Registration And Regulation) Act, 2010 ds izkfo/kkuksa ds vuqlkj izns'k ds lHkh uSnkfud LFkkiuksa dk jftLVªhdj.k vko';d gSA vf/kfu;e ds izkfo/kkuksa ds vUrxZr jk"Vªh; ifj"kn n~okjk uSnkfud LFkkiuksa dk oxhZdj.k rFkk fofHkUu Jsf.k;ksa ds fy;s ekudksa dks fodflr fd;k x;k gS ftldk fooj.k fpfdRlk LokLF; ,oa ifjokj dY;k.k ea=ky;]

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Hkkjr ljdkj dh osclkbV www.clinicalestablishments.gov.in ij miyC/k gSA vf/kfu;e dh /kkjk&10 ds vUrxZr uSnkfud LFkkiuksa ds jftLVªhdj.k gsrq fpfdRlk vuqHkkx&6 dh vf/klwpuk la0&2374@ikWp&6&2021] fnukad 16 flrEcj] 2021 nokjk ftykf/kdkjh dh v/;{krk esa ftyk jftLVªhdj.k izkf/kdj.k rFkk vf/klwpuk la[;k&2375@ikWp&6&2021] fnukad 16 flrEcj] 2021 nokjk jkT; uSnkfud LFkkiuk ifj"kn ds xBu ds vkns'k fuxZr fd;s tk pqds gS fdUrq vHkh rd The Clinical Establishment (Registration And Regulation) Act, 2010 ds izkfo/kkuksa ds vUrxZr izns'k esa uSnkfud LFkkiuksa ds jftLVªhdj.k dk dk;Z izkjEHk ugha gqvk gSA 2& vr% bl lEca/k esa lE;d fopkjksijkUr eq>s ;g dgus dk funs'k gqvk gS fd izns'k esa The Clinical Establishment (Registration And Regulation) Act, 2010 ds vUrxZRk uSnkfud LFkkiuksa ds jftLVªhdj.k gsrq fuEukuqlkj dk;Zokgh fd;s tkus dk fu.kZ; fy;k x;k gS&

¶92

¼1½ uSnkfud LFkkiuksa ds jftLVªhdj.k ds lEcU/k esa orZeku izpfyr O;oLFkk fnukad 31-12-2021 ds i'pkr ykxw ugha jgsxhA fnukad 01-01-2022 ls lHkh uSnkfud LFkkiuksa dk jftLVªhdj.k The Clinical Establishment (Registration And Regulation) Act, 2010 ,oa mlds vUrxZRk cuk;s x;s fu;eksa@izkfo/kkuksa ds vUrxZr ftyk jftLVªhdj.k izkf/kdj.k n~okjk fd;k tk;sxkA

¶93

¼2½ orZeku O;oLFkk ds vUrxZr iathd`r leLr uSnkfud LFkkiuksa ds iathdj.k dh oS/krk fnukad 31-03-2022 dks Lor% lekIr gks tk;sxh vkSj ,sls lHkh uSnkfud LFkkiuksa dks fnukad 31-03-2022 ls iwoZ viuk jftLVªhdj.k The Clinical Establishment (Registration And Regulation) Act, 2010 ds vUrxZr djkuk vko';d gksxkA

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¼3½ bl iz;kstukFkZ egkfuns'kd] fpfdRlk ,oa LokLF; lsok;sa

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m0iz0

¶96

n~okjk

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lEcfU/kr iksVZy esa ;Fkk vko';drk lq/kkj@la'kks/ku rRdky djk fy;k tk;sxk vkSj fnukad 15-12-2021 ls lEcfU/kr iksVZy ij uSnkfud LFkkiuksa ds iathdj.k gsrq vkosnu dh lqfo/kk miyC/k djk nh tk,xhA

¶98

¼4½ bl gsrq lqlaxr fu;ekoyh ds vUrxZr izR;sd ftyk jftLVªhdj.k izkf/kdj.k rFkk jkT; ifj"kn dk [kkrk fdlh jk"Vªh; d`r cSad esa fnukad 15-12-2021 ls iwoZ vfuok;Z #i ls [kqyok fy;k tk; ftlls jftLVªhdj.k@vihy gsrq visf{kr /kujkf'k mDr [kkrs esa tek dh tk ldsA

¶99

¼5½ bl gsrq vU; vko';d O;oLFkk,W iw.kZ djkrs gq, lHkh lEcfU/kr eq[; fpfdRlkf/kdkfj;ksa@vij eq[; fpfdRlkf/kdkfj;ksa dk fnukad 15-12-2021 ls iwoZ izf'k{k.k iw.kZ djk fy;k tk,xkA

¶100

¼6½ mijksDRk O;oLFkk dk O;kid izpkj&izlkj djk;k tk, ftlls lHkh lEcfU/kr O;fDRk@uSnkfud LFkkiuk mDr O;oLFkk ls Hkyh&HkkWfr voxr gks tk,W rFkk lEk;kUrXkZr jfTkLVªhdj.k gsrq vkosnu dj ldsA

¶101

¼7½ uSnkfud LFkkiuksa dk jftLVªhdj.k fu;ekuqlkj jk"Vªh; ifj"kn nokjk fodflr ekudksa ds vk/kkj ij ftyk jftLVªhdj.k izkf/kdj.k nokjk fd;k tk;sxkA 30 csM ls de {kerk okys uSnkfud LFkkiuksa dh ifjfLFkfr;ksa dks ns[krs gq, fQygky mudk jftLVªhdj.k tu'kfDr] vfXu'keu rFkk ck;ksesfMdy osLV vf/kfu;e ls lEcfU/kr ekudks ds iw.kZ gksus ij fd;k tk;sxkA 30 o 30 ls vf/kd 'kS;;k;qDr fpfdRlky;ksa ds jfTkLVªhdj.k ds lEcU/k esa jk"Vªh; ifj"kn nokjk fodflr lHkh ekud ykxw gksxsaA

¶102

d`i;k mijksDrkuqlkj le;c} #i ls vko';d dk;Zokgh lqfuf'pr djrs gq, uSnkfud LFkkiuksa dk jftLVªhdj.k djkus dk d"V djsaA

Hkonh;

vfer

vij

eksgu izlkn eq[; lfpoA

¶108

l[;ka & 298@2021@2777¼1½@ikpa &6&2021] rn~fnukdAa izfrfyfi fuEufyf[kr dks lwpukFkZ ,oa vko';d dk;Zokgh gsrq izsf"kr %& 1- vij eq[; lfpo] eq[;ea=h] m0iz0 'kkluA 2- vij eq[; lfpo] vk;q"k foHkkx] m0iz0 'kkluA 3- vij eq[; lfpo] Je foHkkx] m0iz0 'kkluA 4- izeq[k lfpo] fpfdRlk f'k{kk foHkkx] m0iz0 'kkluA 5- izeq[k LVkQ vkfQlj] eq[; lfpo] m0iz0 'kkluA 6- vf/k'kklh funs'kd] ;w0ih0Vh0,l0;w0 m0iz0 y[kuÅA 7- egkfuns'kd] fpfdRlk f'k{kk ,oa izf'k{k.k] m0iz0A 8- funs'kd] vk;qosZn] m0iz0 y[kuÅA 9- funs'kd] gksE;ksiSFkh] m0iz0] y[kuÅA 10- funs'kd ¼mipkj½] egkfuns'kky;] fpfdRlk ,oa LokLF;A 11- xkMZ QkbyA vkKk ls izk.ks'k pUnz 'kqDy

¶109

la;qDr lfpoA

¶110

Sections of Clinical Establishments (Registration and Regulation), Act, 2010

¶111

2(c) “clinical establishment” means—

¶112

(i) a hospital, maternity home, nursing home, dispensary, clinic, sanatorium or an institution by whatever name called that offers services, facilities requiring diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicine established and administered or maintained by any person or body of persons, whether incorporated or not; or

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(ii) a place established as an independent entity or part of an establishment referred to in sub-clause (i), in connection with the diagnosis or treatment of diseases where pathological, bacteriological, genetic, radiological, chemical, biological investigations or other diagnostic or investigative services with the aid of laboratory or other medical equipment, are usually carried on, established and administered or maintained by any person or body of persons, whether incorporated or not, and shall include a clinical establishment owned, controlled or managed by—

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(a) the Government or a department of the Government;

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(b) a trust, whether public or private;

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(c) a corporation (including a society) registered under a Central, Provincial or State Act, whether or not owned by the Government;

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(d) a local authority; and

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(e) a single doctor,

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11. Registration for clinical establishments.— No person shall run a clinical establishment unless it has been duly registered in accordance with the provisions of this Act.

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37. Register of clinical establishments.— (1) The authority shall within a period of two years from its establishment, compile, publish and maintain in digital format a register of clinical establishments, registered by it and it shall enter the particulars of the certificate so issued in a register to be maintained in such form and manner, as may be prescribed by the State Government.

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(2) Each authority, including any other authority setup for the registration of clinical establishments under any other law for the time being in force, shall supply in digital format to the State Council of clinical establishments a copy of every entry made in the register of clinical establishments in such manner, as may be prescribed to ensure that the State Register is constantly up-to-date with the registers maintained by the registering authority in the State.

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38. Maintenance of State Register of clinical establishments.— (1) Every State Government shall maintain in digital and in such form and containing such particulars, as may be prescribed by the Central Government a register to be known as the State Register of clinical establishments in respect of clinical establishments of that State.

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(2) Every State Government shall supply in digital format to the Central Government, a copy of the State Register of clinical establishments and shall inform the Central Government all additions to and other amendments in such register made, for a particular month by the 15th day of the following month.

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39. Maintenance of National Register of clinical establishments.— The Central Government shall maintain in digital format an All India Register to be called as the National Register of clinical establishments that shall be an amalgam of the State Register of clinical establishments maintained by the State Governments and shall cause the same to be published in digital format.

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40. Penalty.— Whoever contravenes any provision of this Act shall, if no penalty is provided elsewhere, be punishable for the first offence with fine which may extend to ten thousand rupees, for any second offence with fine which may extend to fifty thousand rupees and for any subsequent offence with fine which may extend to five lakh rupees.

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41. Monetary penalty for non-registration.— (1) Whoever carries on a clinical establishment without registration shall, on first contravention, be liable to a monetary penalty up to fifty thousand rupees, for second contravention with a monetary penalty which may extend to two lakh rupees and for any subsequent contravention with a monetary penalty which may extend to five lakh rupees.

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(2) Whoever knowingly serves in a clinical establishment which is not duly registered under this Act, shall be liable to a monetary penalty which may extend to twenty-five thousand rupees.

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(3) For the purpose of adjudging under sub-sections (1) and (2), the authority shall hold an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any monetary penalty.

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(4) While holding an inquiry the authority shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the authority, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, it is satisfied that the person has failed to comply with the provisions specified in subsections (1) and (2), it may by order impose the monetary penalty specified in those sub-sections to be

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deposited within thirty days of the order in the account referred to in sub-section (8) of section 42.

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(5) While determining the quantum of monetary penalty, the authority shall take into account the category, size and type of the clinical establishment and local conditions of the area in which the establishment is situated.

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(6) Any person aggrieved by the decision of the authority may prefer an appeal to the State Council within a period of three months from the date of the said decision.

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(7) The manner of filing the appeal referred to in subsection (6) shall be such as may be prescribed.

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45. Offences by Government Departments.— (1) Where an offence under this Act has been committed by any Department of Government within a period of six months after the commencement of this Act, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

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(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

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19. On a careful reading of the aforesaid, this Court finds that the objects of the Act, 2010 were to supervise and regulate the quality of service provided by the Health Care Delivery System to the people by Public as well as Private clinical establishments.

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20. However, for the last few days, it is found that several clinics and hospitals, in different parts of the State, are being run without proper registration under the provisions of Act, 2010, as also the provisions of Act, 2010 are not being complied with in registration of clinical establishments as defined in Section 2(C) read with Section 11 of the Act, 2010.

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21. In view of the above, it is expected from the Additional Chief Secretary, Department of Medical Health, U.P. to revisit the aforesaid Government Letters dated 06.12.2021, 22.11.2021 and 07.01.2022, to ensure the provision of Act, 2010, Rule, 2012 as well as Rules, 2016 and fire safety, etc.

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22. Senior Registrar of this Court is directed to communicate this order to the Additional Chief Secretary, Medical & Health, Government of U.P., Lucknow for necessary action.

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Order Date :- 1.3.2024/V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Dr. Siddhartha Patel @ Dr. Siddhartha Kumar v. State of U.P. Thru. Prin. Secy. Home, Lko and Another

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Dr. Siddhartha Patel @ Dr. Siddhartha Kumar v. State of U.P. Thru. Prin. Secy. Home, Lko and Another

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