STATE OF M.P. Vs. VINOD KUMAR KHATOR

JUDGEMENT

(1.) This appeal is listed for admission, however, the counsel for the respondent appeared on advance notice, hence with the consent of the parties, the appeal is heard and disposed of finally. The appellants/State has filed this appeal against the order dt. 12.9.2013 passed by the learned Single Judge in W.P. No. 5366/2013(S).

(2.) The respondent challenged the seizure and inspection of the premises of the respondent on the ground that the authorities, who conducted inspection and locked the premises of the respondent, were not competent to conduct the inspection and seizure of premises.

(3.) The respondent has been working as Radiologist at District Hospital Morar, District Gwalior. The Collector District Gwalior conducted an inspection on 29.7.1993 of District Hospital Morar, District Gwalior. He found that the respondent, who is posted as Radiologist in the District Hospital Morar, was absent from duty. On enquiry, the Collector was informed further found that the respondent was the only Radiologist posted at District Hospital Morar. Civil Surgeon informed the Collector that the respondent was absent from duty since 25.7.2013 after submitting an application for earned leave. The Collector cancelled the leave of the respondent and he was directed to report on duty, however, the respondent did not turn up on duty. Various complaints were received by the Collector against the respondent. It was complained informed that the respondent had been running a clinic at his own home which is near Hajira Chouraha, Gwalior, then the Collector Gwalior constituted a committee under the administrative and supervisory power headed by Naib Tahsildar, who is also Executive Magistrate alongwith Dr. A.P. Shrivastava and other 2-3 persons as members of the Committee.