Kerala High Court Upholds Law Mandating Display Of Rates Outside Hospitals; Rejects Challenge Of IMA, Pvt Hospital Bodies

Read Judgment

The Kerala High Court on Monday (June 23) dismissed a plea challenging various provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018 and the Rules therein, including an objection to the provision which mandates display of fees charged by every clinical establishment for its services. Notably Section 39 (Display of the certificate of registration and other information by the clinical establishment) states, "Every clinical establishment shall display, in a conspicuous place in the clinical establishment in Malayalam as well as in English the fee rate and package rate charged for each type of service provided and facilities available, for the information of the patients".

"In the light of the afore, the petitioners are not entitled to raise any challenge with reference to Section 39, as noticed above. This is all the more so, since the petitioner in W.P(C)No.1365 of 2019 (Kerala Private Hospitals Association) and the petitioner in W.P(C) No.29353 of 2019 (Indian Medical Association) were the additional 5th and the 9th respondents respectively before the Division Bench of this Court and it is after hearing them also, that the Division Bench issued the directions as above".

Matrimonial Dispute Is Misconduct Under TN Service Rules, Govt Dept Can Initiate Action Against Employee: Madras High Court

The Executive Secretary of District and Others v. K.S Subha Karuthukhan

The Madras High Court recently observed that a matrimonial dispute was treated as a misconduct under the Tamil Nadu Government Servants' Conduct Rules, 1973, and the Government departments were empowered to initiate action such misconduct.

The bench of Justice SM Subramaniam and Justice AD Maria Clete noted that a public servant was expected to maintain honesty, integrity and good conduct not just inside the office but outside as well. Thus, the bench held that even if a misconduct was committed in a matrimonial relationship, the department could initiate disciplinary proceedings. 

“Under the Tamil Nadu Government Servants' Conduct Rules, 1973, matrimonial dispute is also a misconduct and the Government Departments are empowered to initiate action against such misconducts. A public servant is expected to maintain honesty, integrity and good conduct both inside the office and in the society. Therefore, for the misconduct, even if it is committed in the matrimonial relationship, the Government Departments are empowered to initiate departmental disciplinary proceedings,” the court said. 

The court was hearing an appeal filed by the Executive Secretary of District Health Society/ Deputy Director of Health Services challenging an order of a single judge holding that a criminal case registered in a matrimonial dispute was not an impediment for continuation of government contractual employment. 

The respondent (original petitioner) was appointed as a Dental Assistant in Government Upgraded Primary Health Centre on contractual basis for a period of one year. The contract was renewed time to time. When the respondent was implicated in a criminal case, he was disengaged by the department. When this was challenged by way of writ proceeding, the single judge held that the criminal case in a matrimonial dispute was not an impediment for contractual employment. Against this, the department had filed the present appeal.

The division bench however, noted that the order was not in consonance with the principles established by way of the service rules. Highlighting thatthe matrimonial dispute was also a misconduct, the court noted that the respondent's period of contract had also expired, following which he was disengaged. The court thus allowed the appeal and set aside the order of the single judge.