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W.P.rC) 9124/2017 & CM No. 37314/2017 DR. PRADEEP SINGHAL
Through Dr. M.C. Gupta, Advocate.
Petitioner
Through Mr. T. Singhdev with Mr. Pooja Sarkar and
I»4r. Tarun Verma and Ms. Biakthansangi Das, Advocates for Rl/MCI.
Mr. Praveen Khatta, Advocate for R2.
Ms. Prachi Johri, Advocate for R5.
Mr. Ajay Digpaul and Ms. Mohita, Advocates for
UOI. W.P.rC^ 7151/2017 MINI A\V^STHI
Through Mr. Pradeep Purohit, Advocate.
Petitioner
Through Mr. T. Singhdev with Mr. Pooja Sarkar and
Mr. Tarun Verma and Ms. Bialcthansangi Das, Advocates for Rl/MCI. '
Mr. Praveen Khatta, Advocate for R3.
Ms. Prachi Johri, Advocate for R4.
30.10.2017
ORDER
1. The petitioners have filed the present petitioii impugning the order dated 30.05.2017 passed by the Medical Council of India (hereafter 'MCI') imposing punitive measure of removing of their names from the Medical Council's register for a period of six months with effect from 30.05.2017.
2. The learned counsel for the petitioners contend that the impugned
3. The Ethics Committee of MCI had issued notices dated 09.08.2016 and 13.02.2017. The said notices were sent at the address of ESI Model Hospital, NOIDA, where the petitioners were working during the material time oftheir alleged negligent conduct.
4. The proceedings of the Ethics Committee indicates that the said notices were returned back unserved. The explanation for the same is not difficult to ascertain; the petitioners had left employment at ESI Model Hospital, NOIDA prior to the issuance of the notices and the same were not forwarded to them.
5. In the aforesaid circumstances, the contention that the petitioners had not been afforded an opportunity to contest the allegations made by the complainant, is merited. Thus, the impugned order insofar as it relates to the petitioners cannot be sustained. The said order, to the extent that it relates to the imposition of punitive measure on the petitioners, is set aside. The matter is remanded to the MCI to consider afresh, after giving due notices to the petitioners and after affording the concerned parties an f,0 opportunity to be heard. The notices to the petitioners shall be sent at the addresses as indicated in the present petitions.
6. All contentions of the petitioners and the complainant are reserved. MCI shall pass a final order(s) in respect of the petitioners as expeditiously as possible and preferably withina periodof six months from today.
7. In the event MCI is unable to dispose of the matter v^ithin a period of six months, the complainant is at liberty to apply.
8. The petitions alongwith the application is: disposed of with the aforesaid directions.
OCTOBER 30,2017 nd VIBHU BAIOmU, J