NIGAM PRAKASH NARAIN Vs. NATIONAL MEDICAL COMMISSION

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal stems from a judgment and order dtd. 24/8/2023 passed by the High Court of Judicature at Patna[High Court] in L.P.A. No. 1608 of 2017, whereby the Division Bench, in exercise of its intra- court appellate jurisdiction, allowed the appeal preferred by the Medical Council of India[MCI] (since substituted by the National Medical Commission [NMC]) and set aside the judgment and order dtd. 20/9/2017 passed by the Single Judge in C.W.J.C. No. 13547 of 2016, thereby restoring the order of penalty dtd. 21/7/2016 passed by the Ethics Committee of the MCI[Ethics Committee], which had directed removal of the name of Dr. Nigam Prakash Narain[Dr. Narain] from the Indian Medical Register for a period of three months. The challenge to such judgment and order is at the instance of Dr. Narain.

(3.) Facts giving rise to the lis are as follows: