(1.) The writ petition is against the order dtd. 9/10/2018 passed by respondent No.1-Principal Secretary, Health, Medical, Education and Family Welfare Department, Government of Jharkhand whereby and whereunder in exercise of power conferred under Sec. 40(1) of The Clinical Establishment Act, 2010 a sum of Rs.50,000.00 has been directed to be recovered by way of penalty from one Mr. Dharamdeo Vishwakarma who happens to be a doctor with degree MBBS (Alternative Medicine) with a further direction to take appropriate legal action against the doctors of the aforesaid clinic having false diploma and degree basis upon which they are doing medical practices.
(2.) Learned counsel for the petitioner has assailed the aforesaid order on the ground that the same has been passed without providing any opportunity of being heard.
(3.) He has further submitted that the said clinic has been established by one Dr. R.L. Jaiswal who is having MBBS Degree and got registration to run the aforesaid clinic and therefore it cannot be said that the aforesaid clinic was being run by a doctor having no valid MBBS Degree.