No Suspension without Notice or Hearing: Supreme Court Upholds Natural Justice in PC&PNDT Act Case
In a landmark judgment, the Supreme Court of India, on March 4th, 2024, affirmed the principles of natural justice in the context of suspension and cancellation of registration under the Preconception and Pre-Natal Diagnostic Techniques (PC&PNDT) Act, 1994. The Bench, comprising Justices J.K. Maheshwari and K.V. Viswanathan, held that suspending the registration of medical facilities requires adherence to natural justice, including issuing a show cause notice and providing an opportunity of hearing.
Brief on the Legal Point of the Judgment
The legal issue at the heart of the appeal was the interpretation of the powers under Section 20(1), (2), and (3) of the PC&PNDT Act concerning the suspension and cancellation of registration of medical facilities. The case specifically dealt with the suspension of “Dev Hospital,” Ahmedabad, which was done without issuing notice or a hearing, prompting a legal challenge on the grounds of procedural impropriety.
Facts and Issues Arising in the Judgment
The case originated from a complaint leading to the inspection of Dev Hospital and the subsequent suspension of its registration under the PC&PNDT Act. The order of suspension, dated October 25, 2010, was issued without prior notice or a hearing, a decision later challenged in the Gujarat High Court. The High Court set aside the suspension orders, leading to the present appeal in the Supreme Court.
Court’s Assessment and Observations
The Supreme Court extensively analyzed the provisions of Section 20 of the PC&PNDT Act. It distinguished between the powers under Sections 20(1) & (2) and the distinct power under Section 20(3), which allows suspension in the public interest. The Court emphasized that this power should be exercised sparingly, for interim periods, and requires explicit reasoning demonstrating necessity in public interest. The Court observed, “The power of suspension…should be for interim period and not for an inordinate duration,” underscoring the temporary nature of such actions.
Decision of the Court
Upholding the Gujarat High Court’s judgment, the Supreme Court dismissed the appeal by the District Appropriate Authority under the PC&PNDT Act. The Court agreed that the suspension orders were procedurally flawed and violated principles of natural justice. It noted that since the hospital is operational, no further orders were necessary to revive the registration.
Date of Decision: March 4, 2024
District Appropriate Authority under the PNDT Act and Chief District Health Officer v. Jashmina Dilip Devda & Anr.
