Case Note & Summary
The petitioner, Dr. Sadanand Madhukar Ingle, a medical practitioner, challenged the order dated 26 December 2013 passed by the Maharashtra Medical Council (the Council) suspending his registration as a medical practitioner under Section 22 of the Maharashtra Medical Council Act, 1965. The suspension was based on two criminal complaints (No.119/2011 and 02/2012) filed against him by the Appropriate Authority under the Pre-conception and Pre-natal Diagnostic Techniques (PCPNDT) Act before the JMFC, Khamgaon, for alleged violations of the PCPNDT Act. The Council issued show-cause notices to the petitioner on 13 December 2012, 27 December 2012, and considered his reply, but without affording him a personal hearing, the Executive Committee on 4 December 2013 decided to suspend his registration. The petitioner contended that the order was passed in violation of principles of natural justice as he was not given an opportunity of being heard. The court observed that the power under Section 22 of the Maharashtra Medical Council Act is quasi-judicial in nature and requires compliance with natural justice. The court held that the Council ought to have given the petitioner a personal hearing before passing the suspension order. The court quashed the suspension order and remitted the matter back to the Council for fresh consideration after giving the petitioner a reasonable opportunity of personal hearing. The court also directed that the petitioner be allowed to continue his medical practice pending the fresh decision.
Headnote
A) Administrative Law - Natural Justice - Right to be Heard - Section 22 Maharashtra Medical Council Act, 1965 - The petitioner, a medical practitioner, was suspended by the Maharashtra Medical Council based on criminal complaints under the PCPNDT Act without being given a personal hearing. The court held that the power under Section 22 is quasi-judicial and requires compliance with principles of natural justice, including an opportunity of personal hearing. The suspension order was quashed as it was passed in violation of natural justice. (Paras 1-6) B) Medical Law - Professional Misconduct - Suspension of Registration - Section 22 Maharashtra Medical Council Act, 1965 - The Council suspended the petitioner's registration solely on the basis of criminal complaints filed under the PCPNDT Act. The court noted that the Council did not consider the petitioner's reply or provide a hearing. The order was set aside, and the matter was remitted back to the Council for fresh consideration after giving the petitioner a personal hearing. (Paras 2-6)
Issue of Consideration
Whether the order of suspension of registration of a medical practitioner passed by the Maharashtra Medical Council under Section 22 of the Maharashtra Medical Council Act, 1965, without affording a personal hearing, is sustainable in law.
Final Decision
The court allowed the petition, quashed the order dated 26 December 2013 passed by the Maharashtra Medical Council suspending the petitioner's registration, and remitted the matter back to the Council for fresh consideration after giving the petitioner a reasonable opportunity of personal hearing. The petitioner was permitted to continue his medical practice pending the fresh decision.
Law Points
- Natural justice
- right to be heard
- suspension of medical registration
- Section 22 Maharashtra Medical Council Act 1965
- PCPNDT Act violations
