Civil Surgeon demands all forms F be submitted to him, HC calls it void ab initio
The direction given to all Ultrasound Centers by "delegated Authority" to submit F forms with him, quashed and set aside as same being void ab initio.
There is a famous legal adage that if any thing is required to be done as per the Act, then it has to be done in the manner prescribed, else it should not be done at all.
Adhering to this adage, The Hon'ble Punjab and Haryana High Court in its recent order dated 2nd November, 2017 has given great relief to Doctors.
Case Details :
Ishwar Singh Yadav V/s. State of Haryana, CWP No.11171/2015, decided on 02/11/2017.
Link :
Facts in Short :
1. The petitioner has challenged the order dated 01.5.2015, passed by Civil Surgeon-cum-District Appropriate Authority (DAA), directing all the private Ultrasound Centers in Rewari including the petitioner to send Form 'F' so that their office may put serial number on them and only technical person could perform the job of helper in the Ultrasound Centers.
2. It was submitted on behalf of the Petitioner that Civil Surgeon alone cannot act as District Appropriate Authority nor the other members of the Authority can delegate their powers to him and thus he had no jurisdiction to call for the F Forms.
3. In reply, it was submitted on part of the Govt. that that though the District Appropriate Authority comprises of three members but they had delegated their Authority in favour of the Civil Surgeon, Rewari for the purpose of inspection or raid in Ultrasound Centers in District Rewari and also authorized him to make the inspections in ultrasound center on his behalf or to order any Deputy Civil Surgeon/Medical Officer.
Held :
1. The Hon'ble Court after hearing of the parties, allowed the Petition and held that a Civil Surgeon as a member/ chairman cannot pass any order in individual capacity and DAA has to take a decision collectively and therefore Civil Surgeon himself does not possess any power either under the Act or under the rules framed there under. There is nothing on record to whole that the order passed by the civil Surgeon was taken in a meeting of the DAA by discussion amongst all the members of DAA. Rather there only was a letter of delegation by other 2 members in favour of civil surgeon.
2. There is no provision in the Act for delegating the powers by the members of the District Appropriate Authority, therefore, the procedure adopted by the other members of the District Appropriate Authority is totally illegal. This is totally against the object of forming of the committee which is expected to take collective decision by applying it's mind. The Act provides that all the decisions have to be taken by the District Appropriate Authority and the Civil Surgeon has not been given any exclusive power.
3. This is a very important judgment. The high handed action of DAA was quashed and set aside. A ray of hope for Doctors in these days.. Isn't it ?
Thanks and Regards
Adv. Rohit Erande
Pune. ©
There is a famous legal adage that if any thing is required to be done as per the Act, then it has to be done in the manner prescribed, else it should not be done at all.
Adhering to this adage, The Hon'ble Punjab and Haryana High Court in its recent order dated 2nd November, 2017 has given great relief to Doctors.
Case Details :
Ishwar Singh Yadav V/s. State of Haryana, CWP No.11171/2015, decided on 02/11/2017.
Link :
Facts in Short :
1. The petitioner has challenged the order dated 01.5.2015, passed by Civil Surgeon-cum-District Appropriate Authority (DAA), directing all the private Ultrasound Centers in Rewari including the petitioner to send Form 'F' so that their office may put serial number on them and only technical person could perform the job of helper in the Ultrasound Centers.
2. It was submitted on behalf of the Petitioner that Civil Surgeon alone cannot act as District Appropriate Authority nor the other members of the Authority can delegate their powers to him and thus he had no jurisdiction to call for the F Forms.
3. In reply, it was submitted on part of the Govt. that that though the District Appropriate Authority comprises of three members but they had delegated their Authority in favour of the Civil Surgeon, Rewari for the purpose of inspection or raid in Ultrasound Centers in District Rewari and also authorized him to make the inspections in ultrasound center on his behalf or to order any Deputy Civil Surgeon/Medical Officer.
Held :
1. The Hon'ble Court after hearing of the parties, allowed the Petition and held that a Civil Surgeon as a member/ chairman cannot pass any order in individual capacity and DAA has to take a decision collectively and therefore Civil Surgeon himself does not possess any power either under the Act or under the rules framed there under. There is nothing on record to whole that the order passed by the civil Surgeon was taken in a meeting of the DAA by discussion amongst all the members of DAA. Rather there only was a letter of delegation by other 2 members in favour of civil surgeon.
2. There is no provision in the Act for delegating the powers by the members of the District Appropriate Authority, therefore, the procedure adopted by the other members of the District Appropriate Authority is totally illegal. This is totally against the object of forming of the committee which is expected to take collective decision by applying it's mind. The Act provides that all the decisions have to be taken by the District Appropriate Authority and the Civil Surgeon has not been given any exclusive power.
3. This is a very important judgment. The high handed action of DAA was quashed and set aside. A ray of hope for Doctors in these days.. Isn't it ?
Thanks and Regards
Adv. Rohit Erande
Pune. ©
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