Allowed

Ishwar Kumar Pandey v. State Of Bihar and Anr.

Patna HC15 Dec 2014CWJC/18520/2014

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What is this about?

In a writ petition challenging the suspension of the petitioner's Ultra Sound Centre license without hearing, the Patna High Court relied on a previous decision holding that suspension without opportunity violates principles of natural justice. The court quashed the impugned order, allowing the petitioner to approach authorities again after providing an opportunity to respond.

What did the court decide?

The order suspending the petitioner's license and stopping the functioning of his Ultra Sound Centre is quashed and set aside.

Ishwar Kumar Pandey Vs State Of Bihar and Anr. — Medical Negligence | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18520 of 2014

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====================================================== Ishwar Kumar Pandey son of Lallan Pandey, resident of village-Kapia Jagir, Police Station-Maharajganj, District-Siwan

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.... .... Petitioner/s Versus 1. State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna 2. The Civil Surgeon-cum-Chief Medical Officer, Siwan .... .... Respondent/s ====================================================== Appearance: For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate Mr. Sanjay Kumar Singh, Advocate For the Respondent/s : Mr. Kumar Priyaranjan, SC-23 Mr. Mithlesh Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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2 15-12-2014 Heard the parties.

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The petitioner is aggrieved by order bearing Memo No. 750 dated 1.6.2013 passed by the Civil Surgeon-cum-Chief Medical Officer, Siwan, the respondent no. 2 whereby he has suspended the license of the petitioner and stopped the functioning of the Ultra Sound Centre run by him. The order impugned is placed at Annexure-2 to the writ petition and the name of the petitioner appears at serial no. 2 thereof.

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Mr. Sanjay Kumar Singh, learned counsel for the petitioner has raised a very short issue to question the impugned order. He submits that the order has been passed without affording opportunity to the petitioner and thus he is not even aware of the reasons for suspension.

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Patna High Court CWJC No.18520 of 2014 (2) dt.15-12-2014

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I have heard learned counsel for the parties and perused the records. The order impugned manifests that it has been passed in the light of the directives issued by the Principal Secretary, Health Department, Bihar Patna and nowhere reflects that any opportunity was provided to the petitioner before the same was passed. A similar issue came up for consideration in CWJC No. 23728 of 2013 and this Court taking into consideration identical circumstances where the writ petitioner of the said case was not provided with any opportunity to defend himself, has allowed the writ petition vide order passed on 11.7.2014 with liberty to the authorities to proceed in the matter in accordance with law.

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In the circumstances discussed hereinabove, the order bearing Memo No. 750 dated 1.6.2013 passed by the Civil Surgeon-cum-Chief Medical Officer, Siwan as contained in Annexure-2 insofar as the petitioner is concerned is quashed and set aside. This writ petition is allowed in terms of the order dated 11.7.2014 passed in CWJC No. 23728 of 2013 with a liberty to the respondent authorities to proceed against the petitioner in accordance with law and after giving him opportunity to respond, if they so choose to proceed.

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(Jyoti Saran, J)

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S.Sb/-

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Ishwar Kumar Pandey v. State Of Bihar and Anr.

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Ishwar Kumar Pandey v. State Of Bihar and Anr.

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