Indraprastha Medical Corp Ltd v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-12997-2015 (O & M) Date of decision: 17.07.2017 Indraprastha Medical Corporation Ltd.

....Petitioner V/s State of Haryana and ors.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. A.K. Bakshi, Advocate, for the petitioner. Mr. Gaurav Jindal, Addl.A.G., Haryana.

Mr. Anil Rathee, Advocate, for respondent No.3. ***** Rajan Gupta, J. (Oral) Petitioner has posed a challenge to the Memo No.7269/CD/SJE/2015 dated 31.03.2015, Annexure P-1, issued by Commissioner for Persons with Disabilities, Social Justice & Empowerment Department, Haryana, Chandigarh.

It is urged before the court that the Commissioner had no authority to make an observation that a case for committing fraud be registered against the petitioner-Hospital. The authority went beyond its jurisdiction in giving directions which are not contemplated by the Act. He prays that the order be set aside and the matter be remitted back to the same authority for decision afresh.

This prayer is not opposed by the counsel for the respondents. Sukhpreet Kaur 2017.07.21 10:26 I attest to the accuracy and integrity of this document

CWP-12997-2015 (O & M) ::2::

Learned State counsel submits that as per PGI/AIIMS Policy, 75% of the expenses incurred by respondent No. 3 have been reimbursed to him.

In view of the above, impugned order is set aside and the matter is remitted back to the same authority for decision afresh after affording an opportunity of hearing to the parties.

Disposed of in these terms.

(RAJAN GUPTA) July 17, 2017 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sukhpreet Kaur 2017.07.21 10:26 I attest to the accuracy and integrity of this document