Itta/338/2015 Of The Commissioner Of Income Tax Iv v. Nmdc Limited

MONDAY,THE TWENTIETH DAY OF DECEMBERrWO THOUSAND AND TWENTY ONE PRESENTTHE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 34778 OF 2021 Between: Mrs. Hafsa Mannan, W/o. Mohammed lVinajuddin, And D/o. Abdul MannanShah, Aged about 23 years, Occ. Household, Fi/o. H. No. 20-4-2121A Khilwath,Hyderabad. Rep by her father Abdul lvlannan Shah S/o. Abdul Rahman Shah,{ged [about 48 years, ][Occ. ][Business, R/o. ][plot ][No. 34 ][Sy. No. ][12 ][and ][13, ][Akber]Colony Malardevpally, Ranga Reddy District,...PETITIONER1.Union of ln!ia, Rep by its Secretary, tr,4inistry of Health and Family Welfare,Raisina Hill, New Delhi-1 100'1 1 .2.Union of lndia Rep by its Secretary, Ministry of Women and, Child Development,Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi-1 1001 1 .'LNation Medical Commission, Rep by its Chairperson, Pocke!14, Sector-8,Dwarka Phase-|, New Delhi-1001 1 ,4.The State of Telangana, Rep by its Principal Secretary, t\ilinistry of Health,Medical and Family Welfare. Secretariat, Hvderabad.-EThe Commissionerate of Health and Family Welfare, State of Telangana, 3rdFloor_DME Building, Dlrrl and HS Campus, Sultan Bazar, Hyderabad--gs.6The Commissioner of Police, Hyderabad, Basheerbagh, Hyderabad.7The Deputy Commissioner of Pblice, East Zone Hyde-rabad.8The S-tation Hou,se 6ff1.rr., Chadharghat Police Station, Hyderabad.IM/s. Centre for Obstetrics, Gynecology and lnfertility 16-8:646, 231lA Class,New Malakpet, Hyderabad.10.Doctor Mrs. Yasmin lqbal, lr/D (Obs and Gyn) #16-8-646,2311A Class, NewMalakpet, Hyderabad.1 1. Doctor ARSHADS Hospital,# 16-4-713, New Road Chanchalguda,Hyderabad-24..,.RESPONDENTS AND Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High court may be pleasedto issue a writ, order or direction more particularly one in the nature of WRIT OFto issue a writ, order or direction more particularly one in the nature of WRIT OFMANDAMUS or any other writ or direction in the nature of disciplinary stringentaction as per law against Respondent No. 9 to 11 and cause inquiry against them,or this Honble Court.action as per law against Respondent No. 9 to 11 and cause inquiry against them,or this Honble Court. lA NO: 1 OF 2021 Petition under section 151 cPc praying that in the circumstances stated inthe affidavit filed in support of the petition, the High court may be pleased to directthe Respondents No. 2 and 3 to verify the testimonials and degree, certificates withregard to qualification of Respondent No. 1o and take action against theRespondent No. 10 . lA NO: 2 OF 202'l Petition under section 151 cpc praying that in the circumstances stated inthe affidavit filed in supporl of the petition, the High court may be pleased to directthe Respondent No. B to register a crime against Respondents No. g and 1o andRespondent No. 6 to get a crime registered against Respondent No. 11 which iswithin the jurisdiction of Dabeerpura police Station for the offences punishableUnder Sections 313 and 316 of lpC, lA NO: 3 OF 2021 Petition under lection 151 CPC praying that in the circumstances stated inthe affidavit filed in s [pport ]of the [petition, ]the High Court may be oleased to directthe Respondents N, . 4 and 5 to set up a board, inquire and punish theRespondents No. I tc 11 in respect of the above said facts. Counsel for the Petiti >ner : SRl. S.J.A.NADEEMCounsel for the Resp >ndent Nos.1 to 3: SRI NAMAVARAPU Rl\JEISHWAR RAO, ASST. SOLICITOR GENERAL Counsel for the Resp rndent Nos.4 & 5: GP FOR MEDICAL HEALTI{ AND FAMILYWELFARECounsel for the Resp rndent Nos.6 to 8: AGP FOR HOMECounsel for the Resp rndent Nos.9 to 11:---- The Court made the f [rllowing: ]ORDER THE HON'BLE SRI JUSTICE B,VIJAYSEN REDDY WRIT PETITION No. 34778 oI 2O2L ORDER: Heard the learned counsel for the petitioner and the learnedAssistant Government Pleader.Assistant Government Pleader. Counsel for the Petiti >ner : SRl. S.J.A.NADEEMCounsel for the Resp >ndent Nos.1 to 3: SRI NAMAVARAPU Rl\JEISHWAR RAO, ASST. SOLICITOR GENERAL Counsel for the Resp rndent Nos.4 & 5: GP FOR MEDICAL HEALTI{ AND FAMILYWELFARECounsel for the Resp rndent Nos.6 to 8: AGP FOR HOMECounsel for the Resp rndent Nos.9 to 11:---- The Court made the f [rllowing: ]ORDER THE HON'BLE SRI JUSTICE B,VIJAYSEN REDDY WRIT PETITION No. 34778 oI 2O2L ORDER: Heard the learned counsel for the petitioner and the learnedAssistant Government Pleader.Assistant Government Pleader. It is submitted that the father of the petitioner, namely AbdulMannan Shah, lodged a complaint on 02.12.2021 with the police statingthat in the month of February, 2021, his daughter, who is the writ petitionerherein, was treated for her pregnancy by respondent No. 10 at her clinicand on her advice, petitroner was admitted in Dr. Arshad,s Hospital,respondent No. 11 herein on 27.09.2021 for blood transfusion.lmmediately, after transfusion of blood, the condition of petitioner becameserious and as she was feeling uneasy, the transfusion was stopped.After I % hours later, the petitioner was informed that there was no ICUfacility in respondent No, 11 hospital and referred her to GovernmentMaternity Hospital, Nayapul. Accordingly, petitioner was taken to theGovernment Maternity Hospital, Nayapul and upon their advice, she wasadmitted at Government Maternity Hospital, Koti. The doctors at the KotiHospital, on examination, informed the petitioner that the foetus alreadydied in the womb of mother. Later, the petitioner was shifted to privatehospital for treatment i,e., AIpha Hospital, Moghalpura. The doctors atGovernment Maternity Hospital, Koti informed the petitioner that the foetusdied at respondent No. 1 ['1 ]hospital itself and the respondent No. 10knowing the same, intentionally misguided the petitioner and her father foradmitting her at Government Hospital at Nayapul. lt was alleged in thecomplaint that the respondent No, 1O is negligent and she is aloneresponsible for the death of foetus in the womb of the mother, Upon thecomplaint from the father of the petitioner, the G.D. entry was made on I 02.12.2021. The Case Sheet along with documents [was ][fonvarded ][to ][the]Director, Medica Education, Telangana State with a [request ][to ][peruse ][the]case sheet of tl'3 [petitioner ]and [give ]their opinion whether there [is ][any]negligence on tl- -. part of the respondent Nos. [1 ]0 and [1 ][1 ]for [p'oceeding]further in the mr tter. lt is stated by the learned Assistant GcvernmentPleader that the report from the Director, Medical Education is awaited.The said fact wa [, ]informed to the complainant, the father of :he l)etitioner.It is submitted tl rt necessary action will be taken as [per ]law ari soon [as]the report from ti a Director, Medical Education is received. ln view of the above written instructions and the subrnission madeby the learned Ar sistant Government Pleader, the [writ petition is disposed]of directing the 'olice to conclude the investigation as expediliously [as]possible. ln cast the petitioner is aggrieved by any inaction cn t1e part ofPolice or lapses, if any, committed by Police, she is at liberty to approachthis Court seekin I review/modification of this order. Miscellane cus Petitions, pending if any, shall stand closed. No costs. ISD/.K.AMMAJIASSISTANT REGISTRAR,TRUE COPY'LsEc'r'roN oFFtcER To,1.The Secretary, Miristry of Health and Family Welfare, Union o" lndia, RaisinaHill, New Delhi-11)0'1 1.2.The Secretary, Miristry of Women and, Child Development, Union of lndia,.lShastri Bhawan, Ir. Rajendra Prasad Road, New Delhi-110011.The Chairperson,,lation Medical Commission, Pocket-14, Sector-il, DwarkaPhase-New De I i- 1001 ['1] Miscellane cus Petitions, pending if any, shall stand closed. No costs. ISD/.K.AMMAJIASSISTANT REGISTRAR,TRUE COPY'LsEc'r'roN oFFtcER To,1.The Secretary, Miristry of Health and Family Welfare, Union o" lndia, RaisinaHill, New Delhi-11)0'1 1.2.The Secretary, Miristry of Women and, Child Development, Union of lndia,.lShastri Bhawan, Ir. Rajendra Prasad Road, New Delhi-110011.The Chairperson,,lation Medical Commission, Pocket-14, Sector-il, DwarkaPhase-New De I i- 1001 ['1] 4.The Principal Secr [:tary, ][Ministry ][of Health' ][Medical and ][Family Werlfare' ][State of]reianoand. Secre' [lriai, ][Hvderabad']tFamily-Welfare, [State ][of ][l'elangqla' ][3rd]. iflli'clriiriir-*iii, [ii" ]o. i';""'c;il;;Jionb FH;Divi'i' ri-r.ii. i, r bi [ori/l ]pori.", nvoeiiuao, "1i"riii,".'"0 "i.-o*n s CJtp's,'sultan e-asheerbash', [Baza ][r' ]Hvd [Hvde'aba ]er abad'[d-9 ][5']7iii; i;;;il [Comr ][issionei ][ot Pbtice, ][East ][ZoneHvderabad']oiH StJi;; frorJ, [on."t' ][cnaoniiinatprctice ][stbtion' ][Hvderabarl]o. One CC to [Sri S.J ][A. ][Nadeem Advocate LL,truul]10.one cC [to ][sri ][Nar ][.|"r"ruiJ'iluiJtfi;; ][i;"' ][Riit ][soticitor ][General' ][toPucl]11.Two . CCs [to ] [fc'UeOica'i ][H.ji1il ][;.d ][fimity ][Wetfare, ][High ][Court ][for ][the ][State]of ielangana [at ] [rderabad. ][ ]1z.i*t CCI to-CF [fc ]['Home, ][Hi'gn ][court ][for ][the State ][of ][Telangana]at Hyderabad. [Ot [rT]]13.Two CD [CoPies]14. One Spare [CoPY]SInBSsj| HIGH COURT BVRJ DATED:2A11212021 ORDERWP.No.34778 of 2O21 DISPOSING OF THE V'PWITHOUT COSTS w\\\>