DISTRICT APPROPRIATE AUTHORITY Vs. JASHMINA DILIP DEVDA

JUDGEMENT

(1.) Leave Granted

(2.) In the present appeal, the issue concerns the interpretation of power of Sec. 20(1) & (2) and Sec. 20(3) of the Preconception and Pre­Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994 (hereinafter to be referred to as the "PC&PNDT Act") for cancellation, suspension or suspension in public interest respectively by the appropriate authority specified in Sec. 17 of the PC&PNDT Act.

(3.) The brief facts are that the respondent no.1 is running a hospital at Ahmedabad by the name of "Dev Hospital" which is a type of polyclinic having doctors from multiple branches like gynecology, general physician and general surgeon treating patients in the said hospital. The hospital was registered under the PC&PNDT Act and the said registration was valid up to 23/5/2015. On the basis of one complaint made by Shilpa Punani of Wadhwan District Surendranagar, an inspection of the hospital was conducted on 21/10/2010. During inspection, the appropriate authority and its team found some lapses contravening the provisions of PC&PNDT Act. Consequently, the sonography machine operated in the hospital was seized. On 25/10/2010, the appropriate authority without giving any notice passed an order suspending the registration of the hospital in exercise of the power under Sec. 20(1) & (2) of the PC&PNDT Act. On filing appeal by respondent no.1, the appellate authority vide order dtd. 21/12/2010 directed the appropriate authority to pass a suitable order within 15 days and to clarify whether the order dtd. 25/10/2020, was passed in exercise of the power under Sec. 20(1) & (2) or under Sec. 20(3) of PC&PNDT Act.