Early Times Report
JAMMU, May 21: Justice Moksha Khajuria Kazmi of Jammu & Kashmir and Ladakh High Court directed SDM RS Pura and Medical Officer to deseal the clinic of the petitioners which is run by ex-Army Doctor.
The petitioners Lt. Col. Dr. Charanpreet Singh (Retd) and Daleep Singh Rajput Owner of Jai Hind Psychiatry Clinic have challenged the powers exercised by Respondent No. 4, at the behest of Respondent No. 3 wherein, Respondent No. 4, has sealed the clinic of the petitioners under the name and style of Jai Hind Psychiatry Clinic located at Bagga Marh, Main Road, RS Pura on 21.04.2025.
Adv Aseem Sawhney appearing for petitioner submits that Dr. Sameena Nazir Medical Officer has sealed the clinic of the petitioners without even issuing a show cause notice or any formal order, moreover, the same has been done without any jurisdiction vested with the respondents under law.
Advocate Aseem Sawhney appearing on behalf of the petitioners submits that a communication has been issued by Respondent No. 3, to the petitioners bearing No. CMO-J/NCORD 2025/954-58 dated 22.04.2025, while communicating the observations/shortcomings at the time of inspection of the clinical establishment of the petitioners which was also addressed to Respondent No. 4-Sub-Divisional Magistrate, R S Pura for information with further note that since the clinic in question has been sealed, it may not be de-sealed till the ongoing inquiry into the matter is completed.
It is stated by counsel for the petitioners that the action taken by the respondents in sealing the clinic of the petitioners is not in consonance with law, more particularly, under Section 33 and 34 of the Clinical Establishments Act read with Rule 12 of the S.O 168.
Justice Moksha Khajuria Kazmi after hearing Adv Aseem Sawhney at length issue notice to the respondents, which is waived by Monika Kohli, learned Sr. AAG on behalf of Respondent No. 4 and by Raman Sharma, learned AAG on behalf of Respondent No. 1 to 3 and 5. They seek and are granted four weeks' time to file response to the instant petition and ordered that meanwhile, subject to objections from the other side and till next date of hearing before the Bench, Respondent No. 3 & 4 are directed to de-seal the clinic of the petitioners. However, liberty is granted to the respondents to proceed against the petitioners in terms of Act, Rules and Regulations, applicable under law. —JNF |
