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S. MANIKUMAR, SHAJI P. CHALY
Mathew Jacob S/o K. C. Jacob – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
S. MANIKUMAR, J.
1. Instant writ appeal is filed petitioner Nos. 1, 2, 4 and 7 respectively, against the judgment dated 27.05.2020 in W.P. (C) No. 34537/2019, by which, a learned single Judge dismissed the writ petition, holding thus:
“8.2. It is made clear that any complaint with regard to professional misconduct can be brought before the appropriate Medical Council for Disciplinary action. Upon receipt of any complaint of professional misconduct, the appropriate Medical Council would hold an enquiry and give opportunity to the registered medical practitioner to be heard in person or by pleader. If the medical practitioner is found to be guilty of committing professional misconduct, the appropriate Medical Council may award such punishment as deemed necessary or may
The notice issued for disciplinary action against a medical practitioner must comply with mandatory procedural requirements, failing which it is considered void and unenforceable.
An appeal from the Ethics and Medical Registration Board's decision is restricted to medical practitioners only under the National Medical Commission Act, 2019, not available to complainants.
Medical practitioners are entitled to fair procedures and natural justice, particularly concerning allegations of infamous conduct, which must align with specific misconduct definitions.
Issuance of medical certificate – Mental Illness – Doctors are morally & ethically bound to maintain confidentiality.
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