Case Note & Summary
The petitioners, Dr. Niraj Kadam and Dr. Rekha Kadam, are doctors running a hospital in Wardha, Maharashtra. They challenged a notification dated 16.3.2016 issued by the State of Maharashtra under Section 17(2)(3) of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PCPNDT Act). The notification allegedly suspended or cancelled their registration under the Act. The petitioners contended that the notification was issued without any show cause notice or opportunity of hearing, violating principles of natural justice. The State, represented by the Public Prosecutor, argued that the notification was valid. The court heard both sides and found that the notification was issued without complying with the mandatory requirement of giving a show cause notice and hearing. The court held that the principles of natural justice are fundamental and must be adhered to before any adverse administrative action. Consequently, the court quashed the notification and allowed the petitions. The court also directed that rule be made absolute.
Headnote
A) Administrative Law - Natural Justice - Show Cause Notice - Section 17(2)(3) of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 - The court considered whether a notification suspending registration under the PCPNDT Act could be issued without prior show cause notice and hearing. Held that the principles of natural justice require that before any adverse order is passed, the affected party must be given an opportunity of hearing. The notification was quashed as it was issued in violation of natural justice. (Paras 1-3)
Issue of Consideration
Whether the notification dated 16.3.2016 issued under Section 17(2)(3) of the PCPNDT Act, 1994, without issuing a show cause notice and affording an opportunity of hearing to the petitioners, is sustainable in law.
Final Decision
The court allowed the petitions and quashed the notification dated 16.3.2016. Rule made absolute.
Law Points
- Natural justice
- Show cause notice
- Hearing
- Section 17(2)(3) PCPNDT Act
- Quashing of notification
