Anil Ahluwalia v. Govt. Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10076/2024, CM APPL.

41236/2024 & CM APPL.

41237/2024 ANIL AHLUWALIA .....Petitioner Through:

Mr. Paranjay Chopra, Advocate versus GOVT. OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satyakam, ASC for GNCTD with Insp. Surender Singh, S.I. Dharmveer

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 10.09.2024 1.

The Petitioner's limited grievance was denial of an opportunity of hearing in the appeal proceedings before the Financial Commissioner in Case No. 239/2023. On 23rd July, 2024, considering the fact that the Financial Commissioner had already reserved orders on the appeal, this Court had adjourned the hearing to await the decision of the Financial Commissioner.

2.

The Financial Commissioner has now passed the order dated 26th July, 2024, directing as under:

"12. In the light of all the foregoing, it would be in the fitness of things if the Director General Health Services re-visits the matter and takes into consideration the then prevalent pandemic and after giving adequate opportunity of hearing to the Appellant and decides the matter afresh via a speaking and reasoned order in the next 60 days. During this period, the impugned orders dated 24.08.2023 need not be implemented and no coercive action be taken against the appellant herein. The DGHS should also decide registration of the Hospital in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/09/2024 at 12:43:15

light of above observations."

3.

In light of the above directions, it emerges that the matter has now been remitted back for a fresh consideration before the Director General Health Services (DGHS). Accordingly, in the opinion of the Court, the present petition can be disposed of by allowing the Petitioner an opportunity of hearing before the DGHS.

4.

Accordingly, it is directed that as and when DGHS takes up the issue of registration of the hospital in light of the observations made by the Financial Commissioner, the Petitioner shall also be given adequate opportunity to be heard, prior to rendering the decision. 5.

With the above directions, the present petition is disposed of along with the pending applications.

SANJEEV NARULA, J SEPTEMBER 10, 2024/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/09/2024 at 12:43:15