1 2025:CGHC:16425 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1725 of 2025 1 - Dr. Prince Jaiswal S/o Shri Sant Kumar Jaiswal Aged About 40 Years R/o House No. 76, M.L.A. Nagar, Baikunthpur, District Korea, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Its Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur Chhattisgarh 2 - Director Health Services, Swasthya Bhawan, Sector-19, Nawa Raipur, Atal Nagar, District - Raipur Chhattisgarh 3 - Deputy Director (Hospital Administration) Directorate, Health Services, Swasthya Bhawan, Sector-19, Nawa Raipur, Atal Nagar, District - Raipur Chhattisgarh 4 - Collector And District Magistrate Baikunthpur, District Korea Chhattisgarh 5 - Superintendent Of Police Baikunthpur, District Korea Chhattisgarh 6 - Chief Medical And Health Officer District - Korea (Baikunthpur) Chhattisgarh 7 - Dr. Rakesh Kumar Sharma (Sharma Hospital), Baikunthpur, Tehsil And P.S. - Baikunthpur, District Korea Chhattisgarh ... Respondents (Cause title is taken from Case Information System) Digitally signed by GOPAL SINGH Date: 2025.05.19 12:09:46 +0530 2 For Petitioner : Shri Pawan Shrivastava, Advocate For State : Ms. Upasana Mehta, Deputy Government Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 08/04/2025 1. The petitioner is a complainant. He has filed this petition with an allegation that respondent No.7 is engaged in multiple irregularities. The petitioner has filed several complaints before the respondents authorities against respondent No.7, however, no action has been taken. It has been alleged that respondent No.7 is illegally operating his private hospital, namely, Sharma Hospital and is committing misappropriation and malpractices in respect of various policies of the Central Government and State Government, namely, National Health Insurance Scheme, Chief Minister Health Insurance Scheme and while illegally claiming the benefit in the aforesaid schemes he has illegally misappropriated a sum of Rs.1357.42 Lakhs and as such an inquiry is required to be conducted. Various complaints were made by the petitioner before the Director, Health Services and the Secretary, Health Department, however, till date, no action has been taken. A committee was also constituted by the Chief Medical and Health Officer, District Korea vide memo dated 8.1.2025, but, 3 nothing is being done, as such the petitioner has filed this petition with the following reliefs: “10.1 That, the Hon'ble Court may kindly be pleased to call the entire records relating to the case of the Petitioner. 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondents to take further action on each 3 complaints of petitioner against the respondent no.7 and conclude the proceedings within a period of 10 days and submit the report before this Hon'ble Court. 10.3 That, Hon'ble Court may kindly be pleased to direct the respondents to investigate the matter by high level agency of the state govt. or central govt. and investigation be completed, within a period of 10 days and submit the report before this Hon'ble Court. 10.4 Any other relief which Hon'ble Court deems fit and proper in the facts and circumstances of the case and cost of the petition.” 2. Learned counsel for the petitioner submits that since there is misappropriation and illegality committed by respondent No.7, as such the complaints filed by the petitioner are required to be taken into consideration and appropriate inquiry is required to be conducted against respondent No.7. 4 3. On the other hand, learned counsel appearing for the State submits that they have received the complaints of the petitioner and are accordingly proceeding with the inquiry. Since the Health Department, Government of Chhattisgarh has seized of the matter, as such it will be taken into consideration by the concerned authority in accordance with law. 4. I have heard learned counsel appearing for the parties and perused the record with due care. 5. From a bare perusal of the record, it seems that the petitioner is a complainant. He is also a doctor and perhaps there appears to be some dispute between the petitioner and respondent No.7, as such the petitioner, in order to take revenge, has filed various complaints against respondent No.7. Since on the basis of complaints, the respondents authorities have seized of the matter and as such now on the basis of directions and instructions, inquiry cannot be conducted against respondent No.7 on the wishes of the petitioner, the work of the petitioner is over. Now, he is having no locus to file this petition as on the basis of complaints, necessary proceedings have already been initiated. Accordingly, the relief, as claimed by the petitioner, cannot be granted. A committee has already been constituted, which will take care of each and every aspect of the matter. The petitioner, being a complainant, is having no locus to seek 5 indulgence of this Court for issuance of a writ under Article 226 of the Constitution of India for the reliefs claimed by him which cannot be granted to him. 6. Accordingly, the writ petition is dismissed. Sd/- (Amitendra Kishore Prasad ) JUDGE Gopal Singh