NALINI MADHARIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common facts and issue are involved in these petitions viz. W.P.(C) No. 848, 882, 897, 993, 1066, 972 and 1049 of 2013, thus, they are being disposed of by this common order.

(2.) Challenge in these petitions is to the order dated 22.06.2013 passed by the Chhattisgarh Medical Council, Raipur, whereby the President, Chhattisgarh Medical Council (for short 'the Council'), exercising his power under Section 29(1) of the Madhya Pradesh/Chhattisgarh Ayurvigyan Parishad Adhiniyam, 1987 (for short 'the Act, 1987') and Regulations 8.1 & 8.2 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics)Regulations, 2002 (for short 'the Regulations, 2002'), has suspended the registration of the petitioners for a period of one year and the petitioners were further debarred from performing any activity as a medical practitioner. The petitioners were also directed to submit their original registration certificate in the office of the respondent/ Council.

(3.) Shri P.Sam Koshy, Shri Saurabh Dangi, Ms. Fouzia Mirza, Shri Chandresh Shrivastava, learned counsel appearing for the respective petitioners submit that the impugned order dated 22.06.2013 was passed by the respondent/Council without complying with the provisions of the Regulations, 2002 and without following the procedure as laid down for punishment and disciplinary action against the medical practitioners under Chapter 8 of the Regulations, 2002. They further submit that there is no provision for suspending the name of the medical practitioners from the register of the medical practitioners, on account of alleged misconduct without affording opportunity of hearing. The basic principle of audi alteram partem has also not been followed in these cases. Thus, the impugned orders deserve to be quashed.