AJIT GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, Dr.Ajit Gupta, sole proprietor of Sunil Nursing Home, has filed the present writ petition for quashing of letter dated 13.1.2004 (Anneuxre P-1). By the said letter, respondent No.2-Airport Authority of India (in short "Authority") notified the petitioner that upon considering the reply dated 30.12.2003, to the show cause notice, it has been decided that the facility of credit letter, being given by various units/divisions of respondent No.2 at Delhi to the Nursing Home, would stand withdrawn with immediate effect. The Nursing Home of the petitioner had been empanelled by respondent No.2-Authority for indoor treatment of its employees. It was one of the 61 hospitals and Nursing Homes, covered by the scheme of empanelment.

(2.) Petitioner earlier had filed CW.NO.5048/2003, titled Dr.Ajit Gupta Vs.Union of India & Anr., for quashing of Memorandum No.D-AA/NAD/ADMN/GS-III/02 dated 4.7.2003, by which various units and divisions of Authority were notified that the credit facility extended to the petitioner was withdrawn with immediate effect and no credit letter is to be given to employees for taking indoor treatment at the said Nursing Home. Petitioner had assailed the said decision as having been taken behind his back without affording an opportunity to show cause notice against the proposed action. The said writ petition was disposed of by my learned Predecessor, vide order dated 17.12.2003, directing the respondent to issue a show cause notice within a week. Petitioner was directed to file a reply thereto within a week and respondent was required to take a decision thereon in accordance with law within two weeks. In the event, show cause notice dated 23.12.2003, was duly issued by respondent No.2. Petitioner gave the reply dated 30.12.2003. Respondent No.2 vide the impugned communication dated 13.1.2004 (Annexure P-1), notified the petitioner that after considering the reply, it has been decided by the Competent Authority that the facility of credit letter being given by various units of respondent-Authority to M/s Sunil Hospital & Nursing Home, stands withdrawn with immediate effect.

(3.) Before going to the grounds on which the petitioner assails the impugned order, it would be appropriate to briefly notice the case of the respondent, as set out in the show cause notice dated 23,12,2003 and the petitioner's case, as set out in reply dated 30.12.2003.