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2025 DAILYLAW 58281 (ALL)

RAJNI HOSPITAL AND ANOTHER v. UNION OF INDIA AND ANOTHER

WRIC/15393/2025 · 2025-05-20

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85354-DB Court No. - 39 Case :- WRIT - C No. - 15393 of 2025 Petitioner :- Rajni Hospital And Another Respondent :- Union Of India And Another Counsel for Petitioner :- Saurabh Srivastava Counsel for Respondent :- A.S.G.I.,Jitendra Prasad Mishra Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Saurabh Srivastava, learned advocate appears on behalf of petitioners. He submits, under challenge is office memorandum dated 5th May, 2025, effectively carrying instructions to detriment of his clients. The instructions from impugned order are reproduced below. "Further, Rajni Hospital, a unit of Shrimati Rajani Devi Charitable Society Kanpur is given the following instructions. 1. Rajni Hospital shall not be allowed to provide diagnostic, OPD, IPD etc. treatment to CGHS beneficiaries and the hospital is not allowed to admit new CGHS Patients from 05.05.2025, 12 o' Clock midnight. 2. Rajni Hospital is directed to provide treatment to already admitted CGHS Beneficiaries till they become stable and get discharged. Their claims may be submitted on NHA Portal within 15 days, beyond that the hospital shall not be allowed to submit these claims on NHA Portal." 2. He submits, there was no opportunity given to his client to explain but the instructions issued purportedly based on surprise inspection. Without prejudice he submits, there is huge amount of unpaid bills, from which the alleged discrepancy can be adjusted, balance paid and the instructions withdrawn. He submits further, his client will ensure there is no scope for finding any lapse in future. 3. Mr. Jitendra Prasad Mishra, learned advocate, Central Government Counsel appears on behalf of Union of India and submits, there were lapses found on the surprise inspection and any interference would amount to going into questions of fact. The writ petition, therefore, should not be entertained. 4. Impugned office memorandum indicates, a response was invited from petitioners on what was found in the surprise inspection. Petitioners will give their response within two weeks from date. Petitioners may include certified copy of this order and reiteration regarding adjustment and their assurance that there will be no cause to find lapse in future. In event the response is made to respondent no.2 within time directed above, said respondent will consider and pass appropriate order. 5. The writ petition is disposed of. Order Date :- 21.5.2025 Mohini (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad