J&K HC Puts Shifa Hospital's Suspension In 'Abeyance'

1/18/2025 8:15:46 PM

(MENAFN- Kashmir Observer) Srinagar- The High Court of J&K and Ladakh has“kept in abeyance” an order suspending the empanelment of Shifa Hospital for allegedly violating guidelines issued by the National health Authority (NHA).

However, a bench of Justice Mohammad Yousuf Wani asked the authorities to finalize the disciplinary enquiry in connection with the show cause notice (bearing No. SHA/ABPMJAY/JK/2024-25/8124-25 dated 18.12.2024) issued to the hospital with the direction that it shall afford a fresh opportunity of two weeks
to submit a reply
in the interest of natural justice.

The court passed the order after hearing counsel for the hospital as well as the government.

In his plea, the advocate for the hospital submitted that the show cause notice dated 18 December 2024 as well as the suspension order dated 11 January 2025 are bad under law for having been issued in brazen violation of the principles of natural justice as well as the relevant scheme i.e. Ayushman Bharat Pradhan Mantri Jan Arogya Yojana, and the Rules/Guidelines framed under the same. He also contended that the hospital has been rendering the patient care facilities to the best possible extent and the allegations against the Hospital are unverified and unproved as the hospital has been condemned unheard in the matter.

On the other hand, government counsel argued that the authorities have been receiving repeated complaints against the hospital in respect of receipt of out of pocket money from the patients covered under the scheme and whose cases have been entertained and processed by the hospital.

Read Also SHA Suspends Empanelment Of Twin Private Hospitals For 6 Months Only Industrial Tribunal Can Adjudicate JKB-Workman Dispute: HC

He contended that the authorities have acted in the matter strictly in accordance with the Rules and Guidelines of the Scheme especially relating to Hospital Empanelment and De-Empanelment. He totally denied that the authorities have proceeded under the old redundant rules.

He said that Ayushman Bharat Pradhan Mantri Jan Arogya Yojana is a social welfare policy of the Government of India, which has been highly hailed by the public at large as pertaining to the Health & Family Welfare of all the citizens of the country. He contended that the empanelled Hospitals playing fraud with such Social Welfare Scheme, do not deserve any lenient view and need to be strictly dealt with under law.

“In the meantime, subject to any vacation or modification upon the consideration of objections/arguments and till next date of hearing before the bench, operation of the suspension order bearing No. 03 SHA, J&K of 2025 dated 11.01.2025 is kept in abeyance,” the Court said.“However, the respondents (authorities) shall proceed with and finalize the disciplinary enquiry in connection whereof the impugned show cause notice bearing No. SHA/ABPMJAY/JK/2024-25/8124-25 dated 18.12.2024 has already been issued to the petitioner-hospital with the direction that respondents shall afford fresh opportunity of two weeks to the petitioner-hospital to submit its reply to the same, in the interest of natural justice.” The case has been listed on February 7.

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