GAYATRI HOSPITAL BARABANKI THRU. OWNER/OPERATOR DINESH TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE AND 3 OTHERS
WRIC/2943/2025 · 2025-04-04
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130365 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130365 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19163-DB Court No. - 2 Case :- WRIT - C No. - 2943 of 2025 Petitioner :- Gayatri Hospital Barabanki Thru. Owner/Operator Dinesh Tiwari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Medical Health And Family Welfare And 3 Others Counsel for Petitioner :- Mukesh Kumar Tewari Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. Dr. Awdhesh Kumar Yadav, the Chief Medical Officer, Barabanki, who has joined the proceedings through video conferencing in compliance of order dated 27.03.2025, submits that he has withdrawn the order of suspension and regular proceedings for cancellation of registration have been instituted.
3. During hearing, the CMO, Barabanki has accepted the fact that notice was not given to the petitioner in terms of Section 32 of the U.P. Clinical Establishments (Registration and Regulation) Rules, 2016. Earlier the action of suspension was taken under Section 14(A) of the U.P. Clinical Establishments (Registration and Regulation) Rules, 2016, and at that time no regular proceedings for cancellation were pending. But now they are pending.
4. We, therefore, leave it open for the Chief Medical Officer, Barabanki to consider whether the petitioner's registration is required to be suspended during pendency of cancellation proceedings under Rule 14(A) of the U.P. Clinical
Establishments (Registration and Regulation) Rules, 2016 or not. He is free to take a decision in the matter at the earliest. The cancellation proceedings shall also be concluded, as per law.
5. The writ petition is, accordingly, disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 4.4.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench