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B. SUDHEENDRA KUMAR, AJITH KUMAR. D, RADHAKRISHNAN. K. R.
Amrutha – Appellant
Versus
Deepa Nair – Respondent
JUDGMENT
B. Sudheendra Kumar, President.—The appellant is the complainant before the District Consumer Disputes Redressal Commission, Palakkad (“the District Commission” for short).
2. The appellant is an employee in ‘Wipro’. The appellant was given medical treatment by the respondent during December 2020 and January 2021. She had no complaints of depression disorder or psychotic features. The appellant had come to know that the respondent had issued a certificate with the caption “To whomsoever it may concern”, certifying that the appellant was suffering from depression disorder with psychotic features. The said certificate was issued to the husband of the appellant, against whom a case was pending before the Family Court, Palakkad. The issuance of such a certificate would violate the confidentiality in doctor-patient relationship. It is also unethical. The consequence of issuing such a false and frivolous medical certificate was well within the knowledge of the respondent. If the certificate had been produced before the employer of the appellant, it would have affected her employment also. The issuance of such a fabricated document had caused irreparable injury and hardships to t
Issuance of medical certificate – Mental Illness – Doctors are morally & ethically bound to maintain confidentiality.
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....
The notice issued for disciplinary action against a medical practitioner must comply with mandatory procedural requirements, failing which it is considered void and unenforceable.
Medical practitioners are entitled to fair procedures and natural justice, particularly concerning allegations of infamous conduct, which must align with specific misconduct definitions.
The Commission under the WBCE Act, 2017 can adjudicate on deficiencies in service related to medical qualifications and award compensation, separate from medical negligence claims.
The submission of false medical certificates by a government employee constitutes serious misconduct justifying dismissal from service under the Central Civil Services (Conduct) Rules, 1964.
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