G. S. KULKARNI, J.

Rule returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties.

2. By this Writ Petition filed under Article 226 of the Constitution of India, the petitioner who is a Medical Practitioner challenges the order passed by the respondent - Maharashtra Medical Council, dated 9th July, 2014 which was received by the petitioner on 17th July, 2014, suspending the petitioner's registration.

3. It is the petitioner's case that he is a qualified and experienced orthopedic surgeon practising at Panvel since the year 1992. The petitioner claims to be a Director of Panvel Medical Research Centre, a company registered under Section 25 of the Companies Act, 1956 and managing Peneacea Hospital (for short 'the hospital'). It is the petitioner's case that in December, 2002, the hospital had purchased a sonography machine when the said hospital had full fledged Gynecologist. The Gynecologist was working in the said hospital till the year' 2005 and after the Gynecologist left the hospital, the hospital only had an orthopedic department. On account of this, since 2006 the sonography machine had become non functional and also has become non repairable.

4. It is the petitioner's case that the sonography machine was duly registered under the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short 'the PCPNDT Act'). It is the petitioner's case that the said sonography machine was completely redundant in orthopedic practice and therefore, lying idle in the premises of the hospital. That one Dr. Bhavna Narayanrao Telang, Medical Superintendent, Panvel Rural Hospital was appointed by a notification in the official gazette as an appropriate authority from 24th March, 2010 to inspect all the clinics and sonography centres as per the provisions of the PCPNDT Act. As per the directions of Civil Surgeon, Alibag, Dr. Bhavna N. Telang along-with representatives of the Tahasildar, Panvel Municipal Council and others visited the hospital on 23rd June,2011 and on 24th June, 2011 for inspection of records. In the said inspection, it was informed that the sonography machine was not in use and was non repairable. The petitioner produced a certificate to that effect of M/s. GEC, the manufacturer of the machine.

5. The inspection team submitted a report that the petitioner had violated the provisions of PCP NOT Act and on a complaint made in that regard a Criminal Case NO.810 of 2011 was filed against the petitioner before the Court of Judicial Magistrate, First Class at Panvel. The Court of Judicial Magistrate, First Class, by its judgment and order dated 24th December, 2013 convicted the petitioner under Sections 19, 29 read with Section 23 of the PCPNDT Act and was sentenced to suffer simple imprisonment for one month and to pay a fine of Rs.1000/-.

6. The petitioner being aggrieved by the order of conviction passed by the Court of Judicial Magistrate 'First Class, Panvel, approached the Sessions Court at Alibag by tiling Appeal no.3 of 2014. Along with the appeal the petitioner filed an application seeking suspension of the order of conviction and the sentence passed against the petitioner. Initially an order came to be passed by the learned Sessions Judge, Raigad on 4th January, 2014 suspending the sentence as awarded by the learned J.M.F.C. pending the hearing of the appeal.

7. The Additional Director, Medical Services, Family Welfare Department becoming aware of the conviction of the petitioner by the Court of JMFC, Panvel, informed the respondent of the same by its letter dated 28th March, 2014. The respondent taking cognizance of a letter dated 28th March, 2014 addressed by the Additional Director, Medical Services, Family Welfare Department called upon the petitioner by its letter dated 21st April, 2014 as to why the respondent should not take action against the petitioner under the PCPNDT Act, 2003 and the Maharashtra Medical Council A