Irshad Khan v. The State Govt Of NCT Of Delhi & ORS.
$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15816/2024, CM APPL. 66417/2024 IRSHAD KHAN .....Petitioner Through:
Mr. Abdul Salam, Advocate.
versus THE STATE GOVT OF NCT OF DELHI & ORS. .....Respondents Through:
Ms. Puhimi Aditya, Advocate for Mr. Jawahar Raja, ASC (Civil) GNCTD for R-1 to 3.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 14.11.2024 1.
The Petitioner asserts that he met with an accident on 13th April, 2019 at Lal Market Bhopura, Ghaziabad and he was treated for blunt injury at Swami Dayanand Hospital.1 Thereafter, a written complaint was submitted by the wife of the Petitioner to SHO, PS, Sahibabad, Ghaziabad. During his treatment at SDN Hospital, the Petitioner purportedly witnessed the hospital staff, including some doctors and health inspectors, engaging in bribery for issuing false MLCs, fitness certificates, and other medical documents. Additionally, they allegedly charged inflated fees for MRI and X-ray services, demanding 2-3 times the standard rates. He also claims that a false report was created in collusion with Tata Insurance Company to deny him his accident claim. In response, the Petitioner submitted complaints on 1st October 2020 to the Chief Minister, Health Minister, and the Medical W.P.(C) 15816/2024 Page 1 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Superintendent of SDN Hospital. Subsequently, the Petitioner received emails from the Additional Medical Superintendent as well as the Medical Superintendent, SDN hospital, in which he was asked to appear in the hospital on 12th October with evidence against the aforenoted people. The Petitioner appeared before the enquiry at SDN Hospital on 12th October, 2020. A few days later he enquired from the medical superintendent regarding the action taken on his complaint which was duly submitted on 13th October, 2020. However, as no action was taken against the said individuals, the Petitioner filed a complaint with the Lokpal of India, which has now been decided through the impugned order dated 10th January, 2023,2 in the following terms:
1 "SDN Hospital"
2 "Impugned order"
W.P.(C) 15816/2024 Page 2 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
W.P.(C) 15816/2024 Page 3 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
W.P.(C) 15816/2024 Page 4 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2.
The Petitioner is dissatisfied with the outcome of the complaint and makes certain assertions, which the Court considers appropriate to extract from the petition itself to rule out any ambiguity, and the same read as follows:
"... 4. That on raising continuous demand of money for preparing the medical documents and their attestation, on being compelled the petitioner then talk sting operation by taking money from the petitioner and others as well and also having liquor while on duty in the hospital and the same can be ascertained through photographs and video recording.
5. That the initial are that on 12.10. 2020 the petitions appeared before the inquiry board at Swami Dayanand Hospital, Dilshad Garden, Delhi where W.P.(C) 15816/2024 Page 5 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the petitioner answered the query raised by the Board and the same can be ascertained through CCTV footage.
6. That the members of the Board asked the petitioner to submit the original memory card and camera as well. At this, the petitioner made a request to receive the same with the seal of the concern but one of the member gave signature for receive but without seal and diary number on the face of the petitioner saying that come again on 13.10 .2020 as the seal was not with them on 12.10 .2020.
7. That on 13.10.2020 the petitioner was again asked to appear before the Board as the board has already summoned the person involved with the case for identification and as such the person whose name were/are there in the complaint which was duly received by the office of SDN Hospital EDMC vide diary No. 7206 dated 13.10.2020 mentioning therein with the deposition of original camera memory card 8 GB and 4 GB.
8. That it is very surprised to say that the petitioner did not appear on 13.10.2020 or provide any document as asked for though the petitioner continuously appeared 12.10.2020 and 13.10 .2020 and also submitted the documents against receipt...."
3.
None of the assertions of the Petitioner, make out any case for this Court to interfere with the decision of the Lokpal of India. The impugned order has taken note of the enquiries conducted by the Vigilance Department of the MCD, which establishes that the matter has been enquired and none of the allegations made by the Petitioner could be verified. The Impugned order also notes that the complainant has been shifting his allegations, changing his stand from one authority to another, without providing any concrete or tangible evidence, in support of the allegation. 4.
In light of the above, the Court does not find any ground to interfere with the Impugned order and the petition is dismissed along with pending application.
SANJEEV NARULA, J NOVEMBER 14, 2024/nk W.P.(C) 15816/2024 Page 6 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.