Sunil Nursing Home vs M.T.N.L.
2001 Latest Caselaw 1918 Del

JUDGMENT

Mukul Mudgal, J.

1. Rule.

2. With the consent of the parties the matter is taken up for final hearing.

3. The main grievance of the learned counsel for the petitioner is that the impugned order at Annexure P-6 has keeps in abeyance the agreement of empanelment of the petitioner dated 20th/22nd June, 2001, without giving any show cause notice or opportunity of hearing to the petitioner and since the impugned order visits the petitioner with civil consequences, the petitioner ought to have been afforded an opportunity of being heard and in absence of a show cause notice, the impugned action is clearly in violation of principles of natural justice. The learned counsel for the respondent states that a show cause notice shall be issued to the petitioner within two weeks from today. Reply thereto shall be filed within one week thereafter. The response to show cause notice shall be considered and disposed of by the respondent within two weeks thereafter.

4. Learned counsel for the respondent states that if the response of the petitioner is found to be satisfactory and no action is contemplated against the petitioner, the petitioner shall be entitled to empanelment for the term stipulated int he agreement of empanelment dated 20/22nd June, 2001 and would be entitled to empanelment for an appropriate period so as to complete the empanelment for a one year term.

5. The petition accordingly stands disposed of. The petitioner will be entitled to avail of the appropriate remedy in law in case an adverse order is passed against the petitioner after the procedure contemplated by this order is complied with.