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DIPANKAR DATTA, SATISH CHANDRA SHARMA
Nigam Prakash Narain – Appellant
Versus
National Medical Commission – Respondent
| Table of Content |
|---|
| 1. omission of prior faculty institution in declaration form (Para 1 , 2 , 3) |
| 2. division bench restores penalty for non-disclosure (Para 4 , 5 , 6) |
| 3. challenge to division bench restoring ethics committee order (Para 7 , 8 , 9) |
| 4. new charge without notice violates natural justice (Para 10 , 11 , 12) |
| 5. mis-declaration constitutes serious professional misconduct (Para 13) |
| 6. modify penalty to censure under article 142 (Para 14 , 15 , 16 , 17) |
JUDGMENT :
DIPANKAR DATTA, J.
1. Leave granted.
THE APPEAL
2. The present appeal stems from a judgment and order dated 24th August 2023 passed by the High Court of Judicature at Patna1[High Court] in L.P.A. No. 1608 of 2017, whereby the Division Bench, in exercise of its intra-court appellate jurisdiction, allowed the appeal preferred by the Medical Council of India2[MCI] (since substituted by the National Medical Commission3[NMC]) and set aside the judgment and order dated 20th September 2017 passed by the Single Judge in C.W.J.C. No. 13547 of 2016, thereby restoring the order of penalty dated 21st July 2016 passed by the Ethics Committee of the MCI4[Ethics Committee], which had directed removal of the name of Dr. Nigam Prakash Narai
Disciplinary proceedings cannot punish on new charge without fresh show-cause notice after original charge dropped, breaching natural justice; courts may reduce penalty under Article 142 considering ....
A disciplinary authority violates natural justice by punishing a delinquent on a charge not originally framed without issuing a fresh show-cause notice. However, where misconduct is admitted, the cou....
The main legal point established in the judgment is that the appellant's issuance of a misleading and false medical certificate constituted professional misconduct, as per the Tamil Nadu Medical Coun....
The Medical Council of India lacked jurisdiction to entertain an appeal filed prior to the enactment of amended regulations, which clarified the appeal process.
Medical practitioners are entitled to fair procedures and natural justice, particularly concerning allegations of infamous conduct, which must align with specific misconduct definitions.
Disciplinary actions must adhere to principles of natural justice, including timely inquiries and consideration of all relevant evidence, to ensure fairness.
Regulation 7.7 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, allows for the removal of a doctor's name from the register for professional misconduct, b....
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