Patna High Court
Mithlesh Kumar Pandey vs The State Of Bihar on 3 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7780 of 2022
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Mithlesh Kumar Pandey Son of Late Mukdeo Pandey Resident of Village-
Gandhi Maidan, Siwan, P.S.- Town Siwan, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Health Department, Govt. of Bihar, Patna.
3. The Chief Director, Health Services, Govt. of Bihar, Patna.
4. The Executive Director, State Health Committee, Bihar, Patna.
5. The Collector, District- Siwan.
6. The Additional Collector, District- Siwan.
7. The Civil Surgeon cum the Chief Medical Officer, District Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Raj Kumar Mishra, Advocate
For the Respondent/s : Mr.Nagendra Pd. Yadav ( SC 23 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 03-08-2022
Petitioner has prayed for the following relief(s):-
"(a) For issuance of an appropriate
writ in the nature of certiorari quashing and set
aside the letter vide Memo No. 943 dated
30.04.2022 issued by the learned Civil Surgeon
Cum the Chief Medical Officer, Siwan whereby
and whereunder Radhika Ultra Sound Centre
has been closed and sealed.
(b) A writ in the nature of
Mandamus or any other appropriate writ
Patna High Court CWJC No.7780 of 2022 dt.03-08-2022
directing the respondents to not take any
coercive step against the above Ultra Sound
Centre as well as the petitioner and stop the
operation of the letter vide Memo No. 943 dated
30.04.2022 till the disposal of this writ petition.
(c) Any other appropriate writ order or direction
as your Lordship may deem fit and proper."
It is not in dispute that proceedings in
contemplation of Section 20 of the Pre-natal Diagnostic
Technology (Regulation and Prevention of Misuse) Act, 1994
(hereinafter referred to as the Act) are pending consideration
with the authorities post issuance of notice dated 30 th of April,
2022 (Annexure-2, page-14) and 4th of May, 2022 (Annexure-
2/1, page- 15).
Undisputedly, the petitioner's premises were
inspected and post inspection sealed vide order dated 30 th of
April, 2022 itself.
We notice that Rule-12 of the Pre-Natal Daignostic
Techniques (Regulation and Prevention of Misuse) Rules, 1996
provides for mechanizm for search and seizure, including
sealing of the premises which, obviously, has to be as a
consequence of breach of the terms of the licence and/or Statute
or the Rules framed thereunder.
In the instant case, it is pointed out that the order of
Patna High Court CWJC No.7780 of 2022 dt.03-08-2022
sealing does not assign any reasons.
Well, to some extent it can be said that the order
does not assign any specific reason, but however, it does use the
expression that "On inspection, serious irregularities were found
as per the annexures enclosed. What are those irregularities are
annexed as part of the said document dated 30th of April, 2022
which, unfortunately, has not been placed before this Court.
Be that as it may, it is a matter of record that post
sealing of the premises, fresh notice to show cause stands issued
on 4th of May, 2022 and now the matter is pending with the
authority.
In the attending facts and circumstances, we
dispose of the present petition on the following mutually
agreeable terms:
(a) Petitioner shall appear before the concerned
respondent on 22.08.2022;
(b) Petitioner shall respond to the show cause
notice dated 4th of May, 2022, if not already responded;
(c) It shall be open for the petitioner to place
additional material on record, if so required and desired;
(d) Respondent authority shall, after affording
reasonable opportunity of hearing, if so required and desired,
Patna High Court CWJC No.7780 of 2022 dt.03-08-2022
pass an order in terms of the enquiry contemplated under
Section 20 of the Act;
(e) Order assigning reasons shall be communicated
to the petitioner;
Also liberty reserved to the petitioner to take
recourse to such other remedies as are otherwise available in
accordance with law.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 05.08.2022
Transmission Date
