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ALOK ARADHE, ANIL KUMAR JUKANTI
L. Sudhakar – Appellant
Versus
Medical Council of India – Respondent
JUDGMENT :
(Anil Kumar Jukanti, J.)
1. Mr. Srinivas Polavarapu, learned counsel for the appellant in W.A. No. 1784 of 2013 and respondent No. 1 in W.A. No. 698 of 2014.
Mr. Challa Gunaranjan, learned Standing Counsel for the respondent No. 1 in W.A. No. 1784 of 2013 and respondent No. 2in W.A. No. 698 of 2014.
Mr. Harsha Reddy, learned counsel for the respondent No. 3 in W.A. No. 1784 of 2013 and appellant in W.A. No. 698 of 2014.
2. These intra court appeals are filed challenging the order, dated 25.03.2013 passed in Writ Petition No. 16305 of 2007 on various grounds. Grounds pleaded in W.A. No. 1784 of 2013 are being considered.
3. Brief facts:
Appellant is aggrieved by the order of the learned Single Judge in W.P. No. 16305 of 2007, wherein order No. MCI-211(2)(133)/2004-Ethics/8222, dated 16.07.2007 of Medical Council of India (hereinafter referred to as 'MCI') was challenged. A penalty of removal of name of the appellant from the Indian Medical Council Register for a period of three months was imposed by the said proceedings.
3.1. Appellant is a Medical Graduate and a Post Graduate Diploma in Anaesthesiology from Osmania University (in 2001). On 05.03.2003 at about 11.50 p.m., appell
The Medical Council of India lacked jurisdiction to entertain an appeal filed prior to the enactment of amended regulations, which clarified the appeal process.
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....
A disciplinary authority violates natural justice by punishing a delinquent on a charge not originally framed without issuing a fresh show-cause notice. However, where misconduct is admitted, the cou....
A complainant lacks standing to appeal against a disciplinary decision of the Council unless an order has been made against them, as defined by the Medical Act 1971.
Disciplinary proceedings cannot punish on new charge without fresh show-cause notice after original charge dropped, breaching natural justice; courts may reduce penalty under Article 142 considering ....
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.
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