Court No. - 40
Case :- WRIT - C No. - 32458 of 2021 Petitioner :- Dayal Nursingh Home And Another Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Avneesh Tripathi,Shikhar Tandon Counsel for Respondent :- A.S.G.I.,Ashish Tripathi
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
This petition is directed against the order dated 18th February, 2021 and 15th November, 2021 passed by the third respondent whereby the petitioner has been de-empaneled from CGHS. The basis of the order is an earlier order passed in Ayushman Bharat Scheme dated 24th December, 2020, which has since been quashed by this Court on 15th March, 2021 in Writ Petition No.1037 of 2021.
It is contended that the authorities were apprised of the fact that the order dated 24th December, 2020 on which the impugned order is based has already been quashed and, therefore, the authorities revisit the matter but again by the subsequent order dated 15th November, 2021, the third respondent has reiterated his previous order and has again relied upon the order dated 24th December, 2020, which has already been quashed. Contention is that the second order is contemptuous.
Taking note of such contention, we called upon the third respondent to appear before us along with the records. The Officer is present with the records and the counsel appearing for the third respondent contends that the judgment of this Court dated 15th March, 2021 was never placed before the third respondent.
It is stated that though the application of petitioner did refer to filing of the writ petition but the order itself was not annexed. It is further contended that the Officer never intended to act in defiance of the order passed by this Court.
We are not inclined to examine the issue any further in view of the admitted position that the basis of impugned action since has already been set aside in the earlier petition, therefore, the order dated 24th December, 2020 could not have been relied upon for passing the impugned orders.
In such circumstances, order dated 18th February, 2021 and 15th November, 2021 cannot be sustained and stands quashed.
The writ petition is allowed. The third respondent is at liberty to examine the material independently and proceed in accordance with law after scrutinizing the claim of petitioner with reference to the applicable scheme. Decision, in that regard would be taken within four weeks. A decision with regard to opening of petitioner's portal would also be taken within the same period.
Order Date :- 17.12.2021 Bhaskar