RANI SEVA SADAN, GARHWA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned for the State.

(2.) The writ petitioner-appellant is aggrieved by the impugned Judgement dated 07.01.2019, passed by the Writ Court in W.P.(C) No. 5542 of 2018, dismissing the writ application, wherein the appellant establishment had challenged the order dated 09.10.2018, as contained in Annexure-16 to this memo of appeal, passed by the respondent No. 1, Principal Secretary, Health, Medical, Education & Family Welfare Department, Government of Jharkhand, imposing the penalty of Rs.50,000/- upon the petitioner establishment and also sealing its premises.

(3.) The appellant establishment is a medical clinic established by one Dr. R.L. Jaiswal, who was having MBBS degree. The certificate of provisional registration was granted to it on 22.09.2013 as a clinical establishment under Section 15 of The Clinical Establishments (Registration & Regulation) Act, 2010, (hereinafter referred to as the "Act"), for providing medical services as Hospital, Polyclinic and Pathology under Allopathic System of Medicine. The said certificate was valid for a period of one year from the date of its issuance. It appears that thereafter the certificate of registration was not renewed by the petitioner establishment, and there were also complaints against the petitioner establishment on the portal of the Hon'ble Chief Minister of the State. On 30.10.2017 an inspection team headed by Additional Chief Medical Officer, Garhwa, inspected the establishment. One Dr. D.D. Vishwakarma was found to be practicing in the clinic and it was informed that Dr. R.L. Jaiswal, in whose name the clinical establishment was registered, was not present there as he was residing in the State of Bihar. In the clinical establishment there was a name plate of Dr. D.D.Vishwakarma with his qualification showing as MBBS (Alternative Medicine) General Physician. This degree for Alternative Medicine in MBBS was not a valid MBBS degree. The said Dr. D.D.Vishwakarma was also found to run the pathology laboratory in the clinical establishment and he produced the Diploma in Medical Laboratory, issued by Central Kolkata Medical and Technological Research Institute. The said institute was also not a recognized institute and as such, the said diploma was also found to be forged. Accordingly, finding that the petitioner establishment was being run on the basis of the forged degree and diploma by a person in whose name even the registration was not there, the establishment was sealed.