Court of Civil Judge (small division) Jaspreet Singh Minhas has prevented the University of Texas Health Department from expelling a pharmacist from hospital premises, on the basis of offer notices, until September 2024.
For 29 years, GMSH’s only chemical store, Sector 16, has been operated by the same company through many extensions and renovations, and at minimal rent compared to market price. The shop was assigned to Sunil Kumar Jain on a two-year lease only through an auction in 1993. While the first lease expired in 1995, the hospital authorities never put out a new tender and the lease was extended every five years, with the last extension occurring in 2019 – until 2024, the inspection found.
The Utah Department of Health also alleged that the chemist illegally expanded the shop by incorporating the adjacent driveway, thus doubling its size. Next, the Director of Health and Family Welfare submitted a reason of offer notice to the pharmacist to terminate the lease due to a violation of the terms and conditions.
However, the court said Friday that the Utah Department of Health provided no recorded evidence that the chemical had encroached on the trail. Also, no demarcation report or report of any architect was submitted.
The court ordered that “the chemist will suffer an irreparable loss, not compensable in terms of money, should his lease be unlawfully terminated before it expires in 2024. Thus, the pharmacist should not be expelled from the hospital until 2024.”
“Since GMSH-16 officials are the hospital’s trustees. How did the chemist manage to tear down a wall next to a driveway and expand his shop under the watchful eye of officials?” The court questioned, adding that even when the hospital authorities’ office was in the same building, it did not reveal the day, month, or date. The year the driveway was demolished.
The court further said that the Ministry of Health admitted that the department officials used to physically inspect the shop before extending the lease each time. The lease was recently extended in 2019, but the Ministry of Health did not answer why senior officials at the time were not informed of the “infringement.”
Conduct an investigation, and explain the role of erroneous health officials: from court to health
The court also asked the Utah Department of Health to re-contact the court after conducting a fact-finding investigation into any alleged demolition of the wall separating the driveway and the store, with details of when the alleged demolition occurred.
It also asked the department to inquire about the role of the erroneous officials who did not raise the matter to senior officials earlier.
We will study the facts: health security
Meanwhile, Health Minister Yashpal Garg said, “We will study the issues raised in the court order and then decide on the further course of action.”