MEDICAL COUNCIL OF INDIA Vs. K K ARORA

JUDGEMENT

(1.) This Letters Patent Appeal arises out of an order passed by a Learned Single Judge of this Court whereby an order of suspension issued by the Appellant pending a departmental inquiry against the respondent has been quashed. The facts leading to the issue of the suspension order and the filing of this petition may be summarised as under:

(2.) The respondent Dr. K.K. Arora is working in the appellant Medical Council of India as a Deputy Secretary. He was on leave from 31st March, 2004 to 30th April, 2004. The allegation against the respondent is that he visited the office of the Council on 3rd April, 2004 at about 11:00 AM and tried to take away a large number of files and papers including certain original documents of the Council. He is alleged to have asked the Security Officer to keep the files in his car who obeyed those instructions but at the same time informed Dr. Devender Kumar, another Deputy Secretary about the incident. Dr. Devender Kumar is, in turn, said to have informed the Secretary of the Council who instructed the former to take into his custody all the files, papers and documents. In compliance with the said direction, the record which was kept in the car of the respondent was taken back from there and kept under the lock and seal of Mr.A.K. Harit, Deputy Secretary (Administration) who was in the meantime called to the office. Inventories of all the files, papers and documents were prepared from which it transpired that there were about 160 files/papers and documents of the Council which were sought to be taken away by the respondent out of which about 45 documents were original files/documents which could not have been removed from the office of the Council by anybody.

(3.) The matter was eventually taken to the Executive Committee of the Council who authorised the acting President of the Council to constitute a Sub-Committee and to take appropriate action against the respondent. A Sub-Committee was accordingly constituted which examined the matter and submitted a report recommending that disciplinary proceedings be initiated against the respondent. This report was considered by the Executive Committee of the Council in its meeting held on 30th December, 2004 and a decision taken to initiate disciplinary proceedings against the respondent and to place him under suspension pending conclusion of such proceedings. The respondent, was, in pursuance to the said decision, placed under suspension pending departmental proceedings by an order dated 31st December, 2004 and the action taken reported to the Executive Committee in its meeting held on 31st January, 2005.