Case Study

Suspension of Disciplinary Punishment Pending Decision of Appeal

Rahul Kalkran v. Delhi Medical Council

WP(C) 1881/2017; decided by the Hon’ble Delhi High Court on 06-03-2017

Submissions by the Petitioner:

• Learned counsel for the petitioner, under instructions, submits that the petitioner is restricting the present petition to considering of an interim order pending consideration of the appeal filed by the Medical Council of India.

• He submits that since the appeal, filed by the petitioner against order dated 30-1-2017 of Delhi Medical Council, is not likely to be listed shortly, as the same is under scrutiny and the operative portion of the order dated 30-1-2017 directing removing the name of the petitioner, has already come into force on 2-3-2017, grave prejudice is going to be caused to the petitioner.

• He submits that insofar as the merits of the order of
30-1-2017 are concerned, he would press the same in the appeal already filed before the Medical Council of India.

• He also withdraws the challenge to the said order on the ground that punishment could not have been directed to be given effect to, prior to the expiry of 60 days’ period prescribed for filing an appeal under the Rules of Medical Council of India.

Response by MCI:

• Learned counsel appearing for the Medical Council of India confirms that the appeal has been filed and the same is being scrutinized by the Registry for the purposes of listing.

• He submits that the process of scrutiny, etc. takes some time and the appeal would be listed in due course and, thereafter, the hearing would commence.

Held: The penalty, imposed by the Delhi Medical Council, by the impugned order dated 3-1-2017, has come into force with effect from 2-3-2017 and as the appeal is not likely to be heard shortly, the appeal of the petitioner cannot be rendered infructuous on the sole ground that the Medical Council of India is not in a position to take up the appeal prior to the period of removal coming to an end. Consequently, the writ petition and the application are disposed of with a direction to the Ethics Committee of the Medical Council of India to take up the appeal for consideration in its very next sitting. The Medical Council of India shall dispose of the appeal of the petitioner as expeditiously as possible preferably within a period of four weeks of the first sitting of the Ethics Committee. The counsel for the petitioner as well as the complainant assure that their clients shall render full cooperation to the Ethics Committee and facilitate the disposal of the said appeal within the time stipulated by this Court. Till the appeal is disposed of, it is directed that the operation of the impugned order dated 30-1-2017 shall remain stayed.

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