ALKA GUPTA Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) PRESENT writ petition has been filed seeking quashing of the order passed by the Ethics Committee of respondent -Medical Council of India (for short 'MCI') dated 27th October, 2012 and the decision of the erstwhile Board of Governors of MCI dated 10th December, 2012 whereby, the name of the petitioner has been directed to be struck off from the Indian Medical register for a period of three years.

(2.) IT is pertinent to mention that the husband of the deceased had filed a complaint dated 5th May, 2009 with the Police who had forwarded the same on 28th May, 2009 to the Government of NCT of Delhi requesting the Delhi Medical Council (for short 'DMC ') to give its opinion in this matter. Meanwhile, father of the deceased, respondent no. 2 -Mr. S.P. Manchanda had also filed a complaint dated 10th June, 2009 with the DMC in the matter. The impugned decision and order of MCI has been passed in an appeal filed under Clause 8.8 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (for short "Regulations, 2002) by respondent no. 2 -Mr. S.P. Manchanda, being aggrieved by the order passed by the DMC dated 7th June, 2010.

(3.) VIDE order dated 10th January, 2014, the same Court observed as under: -