Delhi Max Hospital licence cancellation order stayed

The Delhi government order cancelling the licence of Max Hospital, Shalimar Bagh, has been stayed by an appellate body, following which the facility resumed its operations on Wednesday.

The Court of Financial Commissioner stayed the cancellation order issued by the Directorate General of Health Services (DGHS) till the next hearing, January 9.

The hospital had on December 13 filed an appeal in the financial commissioner's court against the cancellation of the licence.

"The operation of impugned order is stayed till the next date of hearing. Fixed for arguments on the provision of Section 8 (2) & 8 (4) of the Act (Delhi Nursing Home Registration Act, 1953)," the order stated.

The petitioner's lawyers submitted that under the provisions of the said Act, no such orders shall come into force until after the expiration of a calendar month from the date on which it was made or where notice of appeal is given against it, until the appeal has been decided or withdrawn.

According to the order, the counsel for DGHS submitted that the cancellation order was passed under Section 7 and not Section 8 (2) of the Act.

Section 7 of the act says the supervising authority may at any time cancel the registration of a person in respect of any nursing home on any ground which would entitle it to refuse an application for the registration of that person in respect of that home.

Or on the ground that the person has been convicted of an offence under this act or that any other person has been convicted of such an offence in respect of that home.

The financial commissioner is a statutory post and the incumbent exercises the powers of the Lt governor or chief commissioner, delegated under various statutes, according to details on the website of the financial commissioner.

The DGHS had cancelled the licence of the hospital for multiple instances of medical negligence, including a case in which one of the twins was found alive after being declared dead by the facility.

Both the babies were declared stillborn by the hospital and handed over to the family allegedly in a polythene bag.

But to their horror, they found that the boy was still alive while they were on the way to complete the final rites.