1 2025:CGHC:3070 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 229 of 2025 1 - Umeed Health Care Multi Specialty Hospital Through Its Sole Proprietor Dr. Pradeep Kumar Sahu, Aged About 36 Years, S/o Shri Narendra Kumar Sahu, Registered Address- Village Ghotiya, Taluk- Dondi, Siwani, District Balod, Chhattisgarh. 491228 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh 2 - Director Health Services Cum Chief Executive Officer, State Nodal Agency, Directorate Health Services, Swastha Bhawan, 4th Floor North Block, Sector- 19 , Atal Nagar, Nava Raipur, Chhattisgarh. 3 - Deputy Director State Nodal Agency, Directorate Health And Family Welfare, Naya Raipur, District : Raipur, Chhattisgarh 4 - Chief Medical And Health Officer District Balod, Chhattisgarh. 5 - Collector Balod District Balod, Chhattisgarh. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.20 13:05:02 +0530 2 ... Respondent(s) For Petitioner : Mr. Jitendra Pali, Advocate. For Respondent/State : Mr. Satish Gupta, G.A. Hon'ble Justice Shri Bibhu Datta Guru Order on Board 17/01/2025 1. By the present writ petition, the petitioner is questioning the order dated 10/10/2024, by which, the respondent No.2 passed an order de-empanelled the petitioner from providing treatment to patients under the government health schemes and barred from fresh registration for patient for treatment under the schemes namely Dr. Khubchand Baghel Swasthya Sahayata Yojna and Ayushmaan Bharat Pradhanmantri Jan Arogya Yojna. 2. Learned counsel for the petitioner would submit that the impugned action of de-empanelment has been taken by the respondent No.2 on the basis of an audit report, even which has not been mentioned in the impugned order, however, in the show cause notice, though the respondents have mentioned about the audit report but no copy of the said audit report was provided to the petitioner. He further submits that in pursuance of show cause notice, the petitioner has submitted a detail reply on 09/07/2024 Annexure P-10, however, without considering the same and without providing the copy of the audit report, by a non-speaking and unreasoned order, the decision for de-empaneling the petitioner from providing treatment to patient under the government health scheme has been taken. Hence, the order 3 impugned has been passed in violation of the principles of natural justice. Learned counsel for the petitioner by referring the government health scheme Annexure P-11, in Clause-12, submits that there is a provision prescribed for disciplinary action against the hospital under the said scheme, but the respondent failed to follow the same and passed the impugned order. 3. Learned counsel for the State/respondent submits the order Annexure P-1 has been passed by the respondent No.2/Director by considering the reply to the show cause notice issued to the petitioner which has been reflected in the order itself and the petitioner’s reply dated 09/07/2024 was considered and the same was not found satisfactory, hence the order dated 10/10/2024 is just and proper. 4. I have heard learned counsel for both the parties and perused the order Annexure P-1 dated 10/10/2024. 5. From perusal of record, the petitioner has submitted a detail reply to the show cause notice, however, the impugned order dated 10/10/2024 de-empanelling the petitioner for providing treatment to patients under the government health scheme has been passed and also debarred the petitioner from fresh registration for patients for treatment under the government health schemes without considering the reply filed by the petitioner. The impugned order appears to be a non-speaking and unreasoned order, there is no consideration of petitioner’s reply to the show cause notice, even 4 it does not appear from the order whether any explanation sought from the petitioner about the audit report by providing a copy of the said audit report to the petitioner, hence, the order impugned dated 10/10/2024 has been passed in clear violation of the principles of natural justice, which is non-speaking and unreasoned order, the same is liable to be and is hereby quashed, however, liberty is reserved to the respondents to take a fresh action by issuance of a fresh show cause notice along with audit report on the basis of which the action has been proposed. Moreover, the respondents shall follow the procedure prescribed under the Clause 12 of the government health scheme Annexure P-11. 6. With the aforesaid observation and direction, the writ petition is allowed to the above extent. SD/- (Bibhu Datta Guru) Judge Amardeep