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2022 Supreme(Kar) 1482

KRISHNA S.DIXIT
Nagesh – Appellant
Versus
Karnataka Medical Council – Respondent


Advocates appeared:
Shivayogesh Shivayogimath, Advocate, Ratna N.Shivayogimath, Advocate, Udaya Holla, Advocate, Kumara, Advocate, Chetana, Advocate, N.C.Mohan, Advocate

JUDGMENT/ORDER

1. Petitioner a medical practitioner has presented this petition under Articles 226 & 227, grieving against the complaint dtd. 20/12/2011 made by the 2nd Respondent - Hospital, cognizance whereof having been taken, the 1st Respondent has issued Notice dtd. 23/12/2011 (Annexure K) initiating the proceedings for the alleged misconduct.

2. After service of notice, the 1st respondentKarnataka Medical Council has entered appearance through its Panel Counsel and filed its Statement of Objections on 4/4/2012. The 2nd Respondent - complainant having been represented by its private counsel, has also filed its Statement of Objections on 1/3/2017. The 3rd Respondent - doctor, despite service of notice, has chosen to remain unrepresented. The 4th Respondent whose husband was the patient is represented by her counsel as well. All the advocates appearing for the respondents resist the petition making submission in justification of the impugned proceedings.

3. BRIEF FACTS OF THE CASE:

(i) The petitioner was a Visiting Doctor and the 3rd Respondent was the Visiting Consultant Surgeon during the relevant period i.e., 2011 in the 2nd Respondent - Hospital; a patient namely, Mr. Jayapra

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