“Smacks Of Legal Malafides”: Allahabad High Court Imposes ₹1 Lakh Costs On Chief Medical Officer For Defying Earlier Order
Live LawThe Allahabad High Court has imposed a cost of Rs. 1 lakh on the Chief Medical Officer, Saharanpur for defying the earlier order of the High Court and denying renewal of license of running medical establishment despite a temporary injunction by the Civil Court. Observing that the CMO had overreached the earlier order passed by the High Court in the same dispute, the bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “What is inexcusable in the facts of the present case is that the impugned administrative order has been passed not only in defiance to a judicial order, but in meek compliance to the contrary administrative dictation offered by the Divisional Commissioner, prior to that judicial order. In a petition challenging this order, the High Court held that the dispute regarding rights over the property cannot be a ground to not grant renewal of medical license to the petitioner. committed by a person seeking registration.” High Court Verdict The Court referred to the earlier judgment in Anaya Health Centre and Another Vs. State of U.P.and 4 Others where the Allahabad High Court, while granting relief to the same petitioner had held that dispute regarding tenancy does not affect the right of the petitioner seeking registration/ renewal of medical establishment.