RAHUL YADAV Vs. GOVT OF NCT

JUDGEMENT

(1.) AN inspection of the Ultrasound Clinic being run by the petitioner at 64, D/1, First Floor, Om Shanti Complex, Laxmi Market, Munirka, Delhi, was carried by the officials of the District Authority under the Pre -Conception and Pre -Natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as "PC & PNDT Act") and a show -cause notice was issued to the petitioner on the spot in respect of Item No. 6 and 7 of the said notice. Items No. 6 and 7 of the notice read as under: -

(2.) THE petitioner submitted a reply to the said notice on 27.01.2012, stating therein that necessary corrections and implementation had been done by him pertaining to some cases with ,,self -referrals and indication of foetal well being in cases. He also undertook that all the guidelines of PC & PNDT Act would be implemented by him in future. Vide order dated 23.03.2012, the appropriate authority suspended the licence of the petitioner and issued a further show cause notice to him to show cause why PNDT Registration of his diagnostic centre be not cancelled and why prosecution should not be launched against him for violation of the provisions of the said Act and Rules. The petitioner responded to the said notice on 02.03.2012. Vide order dated 12.03.2012, the Appropriate Authority directed cancellation of PNDT registration certificate issued to M/s Urolife Stone & Diagnostic Centre and also ordered sealing of the ultrasound machine (Doppler Machine) of the said Centre. CDMO (SW)/Nodal Officer was simultaneously advised to take action for launching prosecution against M/s Urolife Stone & Diagnostic Centre. The aforesaid order dated 12.03.2012 was challenged by the petitioner before the Appellate Authority under PC & PNDT Act. The appeal was disposed of vide order dated 14.05.2012, whereby the case was remanded back to the District Appropriate Authority for further view and decision. Vide order dated 12.12.2012, the Appropriate Authority, in exercise of the powers conferred by Section 20(2) of the PC & PNDT Act, ordered for cancellation of PNDT Registration of the petitioner and continuing the sealing of his ultrasound machine. The petitioner again filed an appeal before the prescribed Appellate Authority. The appeal came to be disposed of vide order dated 13.02.2013, whereby the appeal was rejected. Vide order dated 08.04.2013, the Appellate Authority also permitted shifting of the ultrasound machine to 62 -A, Urolife Stone & Diagnostic Centre, Laxmi Market, Munirka, Delhi, though shifting to the aforesaid place was never sought by the petitioner. Being aggrieved from the aforesaid orders, the petitioner is before this Court seeking the following relief: -

(3.) SECTION 20 of the Act, to the extent it is relevant, provides that an Appropriate Authority may suo motu, or on complaint, issue a notice to the Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic to show -cause why its registration should not be suspended or cancelled for the reasons mentioned in the notice.