No Provision For De-Empanellment: Rajasthan HC Directs UoI To Allow Medipulse Hospital To Carry On Treatment Under CGHS
The Rajasthan High Court directed the Union of India to allow Medipulse Hospital to carry on treatment under Central Government Health Scheme (CGHS) while noting that there is no statutory provision or any stipulation in the agreement that empowered the Additional Director of CGHS to de-empanel a hospital.
The Court was hearing a Writ Petition that impugned the office memorandum dated April 5, 2024, whereby, the respondent Additional Director, Central Government Health Scheme has de-empanelled the Medipulse Hospital under the Central Government Health Scheme.
The bench of Justice Dinesh Mehta observed, “The respondent – UOI has failed to point out any statutory provision or stipulation in the agreement, which clothes the respondent no.3 with the power to de-empanel a hospital….The respondent – UOI shall forthwith allow the petitioner to function/carry on treatment under the CGHS in accordance with law.”
Senior Advocate R N Mathur appeared for the Appellant and Dy SG Mukesh Rajourohit appeared for the Respondent.
Brief Facts-
The petitioner hospital was empanelled under the CGHS. According to CGHS terms, Central Government employees can pay for their treatment and later seek reimbursement, while retired employees can either apply for a CGHS Card for cashless treatment at empanelled hospitals or pay upfront and claim reimbursement later. A dispute arose between the retired employee’s family who was a patient there and the hospital, leading to a complaint by Solanki to respondent no. 3 alleging that the hospital failed to provide the required care. Following the complaint, respondent no. 3 issued a notice seeking comments. According to the petitioner, the Hospital never received the show-cause notice and instead directly received the impugned order which de-empanelled the petitioner-hospital for five years.
The Court during the pendency of proceedings directed the petitioner to file a response to the order of suspension and the respondent – UOI was directed to take a decision, as the Court had prima-facie found the order of de-empanelment to be contrary to the principles of natural justice.
The Court said that the petitioner has suffered the order that de-empanelled the hospital for more than four months, without there being any serious lapse on its part.
Accordingly, the Court quashed and set aside the order that De-empanelled the hospital.
Finally, the Court allowed the Writ Petition.
Cause Title: Medipulse Hospital v. Union of India (Neutral Citation: 2024:RJ-JD:32617)
Appearance:
Appellant: Sr. Adv. RN Mathur, Adv. Falgun Buch, Sr. Adv. Vikas Balia and Adv. Gopal Krishna Chhangani
Respondent: Dy SG Mukesh Rajpurohit and Adv. Uttam Singh Rajpurohit
