JUDGMENT :

(Prayer: Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the impugned order in Reference No. TNMC/DC 136 of 2018 dated 04.05.2021 issued by the respondent in so far as it relates to the petitioner and quash the same.)

1. This writ petition is filed praying to issue a Writ of Certiorari to quash the order dated 04.05.2021 passed by the respondent insofar as it relates to the petitioner.

2. The petitioner is a practising Doctor with specialisation in Gastroenterology. According to him, he has 35 years of practice and is presently working as Consultant Gastroenterologist at Sri Ramachandra Institute of Higher Education and Research, Porur, Chennai.

3. It is stated in the writ petition that during the year 2015, when the petitioner was working as a Primary Consultant at Fortis Malar Hospital, Chennai, he along with other specialists, examined a patient by name N.Pitchaimani, aged 66 years, on 27.09.2015, who was suffering from the symptoms of disorientation, generalized weakness, giddiness and turbid urine and was admitted in the hospital on the same day. The petitioner also stated that the condition of the patient improved initially and he was shifted to the general ward from Intensive Care Unit (ICU) on 04.10.2015. However, his condition suddenly deteriorated on 07.10.2015 and he was again shifted to ICU. As the condition of the patient deteriorated further, he was advised intubation and ventilation on 09.10.2015, but despite the best treatment afforded, the patient breathed his last on 11.10.2015 at 11.25 pm.

4. The petitioner further stated that on 12.04.2021, he received a summons from the respondent/Tamil Nadu Medical Council, directing him to appear before a committee on 22.04.2021 and give evidence with regard to the enquiry initiated against one Dr.Radhakrishnan of Combatore, on the basis of the complaint given by Sri Subhitha of Chennai, alleging that the said Dr.Radhakrishnan has issued a false fitness certificate to her father, based on which, various properties worth about Rs.50 crores have been registered in the name of Sakthi Kumar, who is son-in-law of the said Dr.Radhakrishnan. In response to the summons issued by the respondent, the petitioner appeared before the committee on 22.04.2021 and gave his statement. Thereafter, the respondent passed an order on 04.05.2021, imposing the punishment of removal of his name from the Medical Register of Tamil Nadu Medical Council for a period of six months. Aggrieved by the same, the petitioner is before this Court with this writ petition.

5.1 Upon notice, the respondent filed a detailed counter affidavit, wherein, it is inter alia stated that on receipt of the complaint from the Medical Council of India, the case was referred to the disciplinary committee, which issued summons to Dr.Radhakrishnan and accordingly, he appeared before the committee and gave his deposition. During the course of personal hearing, Dr.Radhakrishnan submitted a letter addressed to the police authorities by Fortis Malar Hospital, stating that the patient was conscious on 08.10.2015, whereas the entries in the case records were contrary to the condition of the patient stated in the said letter. Therefore, the disciplinary committee called upon the former Primary Consultant as well as the present Medical Superintendent of the said Hospital. Though Dr.Praveen B.Nilgar and Dr.Anand Mohan Pai, were unable to appear before the committee on 23.09.2019, but they appeared on 12.11.2019 and gave statement that at the time of incident, they were not employed in the said hospital and all their statements were made based on the available medical records. In such circumstances, the disciplinary committee sent summons to the petitioner, who treated the patient at that time. On receipt of the summons, he appeared before the committee on 22.04.2021 and gave his deposition.

5.2 The counter affidavit further proceeds to state t